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Arbitration: A Comparison of Ad Hoc and Institutional


Level: Advanced
Runtime: 92 minutes
Recorded Date: May 15, 2020
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Agenda

        • Objective & Program Moderator
        • Definition(s)
                - Institutional arbitration
                - Ad-Hoc arbitration
        • Faculty Presentations on Preferred Method of Arbitration & Clause
                - Drafting Tips and Techniques
        • Interactive Panel on Comparative Topics
        • Q & A
        • Key Takeaways

Runtime: 1 hour, 32 minutes
Recorded: May 15, 2020

For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

This program will compare institutional (i.e., administered) to ad hoc arbitration addressing the topics of cost, award enforceability and international acceptance, among others. Attendees will receive tips for drafting clauses to minimize the risk of being directed to an unintended forum; learn about the role of arbitrator expertise; and understand the procedural rules associated with each forum.

This program was recorded on May 15th, 2020.

Provided By

American Bar Association
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Panelists

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Harout J. Samra

Associate
DLA Piper

Harout J. Samra – a Board Certified Specialist in International Law – focuses his practice on international dispute resolution and arbitration matters, including international civil litigation in US courts.

Harout has represented clients from both the public and private sectors, including foreign governments, public officials and clients from a variety of industries. He has experience in international arbitrations administered under the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL), China International Economic and Trade Arbitration Commission (CIETAC), Bogota Chamber of Commerce, Madrid Court of Arbitration and International Centre for Settlement of Investment Disputes (ICSID) arbitration rules.

Harout currently serves as the Chair of the Florida Third District Court of Appeal Judicial Nominating Commission. He was appointed by Governor Rick Scott to serve on the Commission in 2014, and was reappointed for an additional four year term in 2018.

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Richard Ziegler

Mediator, Arbitrator, ADR Advisor
Acumen ADR

Richard F. Ziegler is an experienced arbitrator in international and domestic matters and an accredited mediator, including for international matters. As a former general counsel of a major multi-national company and a former outside litigation counsel with extensive experience over four decades in financial, technology-intensive and regulatory matters, Mr. Ziegler is well equipped to manage and fairly arbitrate or mediate complex disputes.

Mr. Ziegler’s proficiency and comfort with the use of technology in dispute resolution proceedings is illustrated by his work as Chair of the Task Force on Remote Video Arbitration Proceedings convened by the International Institute for Conflict Prevention & Resolution (“CPR”) in April, 2020 to respond to the increased need for remote proceedings caused by the COVID-19 pandemic. CPR published the Task Force’s “Annotated Model Procedural Order for Remote Video Arbitration Proceedings” on April 21, 2020.

Mr. Ziegler has served as Chair of the New York State Bar Association’s Committee on Professional Ethics and early in his career served as an Assistant United States Attorney in Manhattan.

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Leslie Ann Berkoff

Partner
Moritt Hock & Hamroff, LLP

Leslie A. Berkoff is a Partner with the firm where she serves as the Chair of the firm’s Dispute Resolution Practice Group, is the former Chair of the Bankruptcy & Creditors’ Rights Practice Group, and serves on the firm’s Management Committee.

Ms. Berkoff splits her time between these two Practice Groups. In the restructuring space, she concentrates her practice in chapter 11 cases, bankruptcy litigation and corporate workouts where she represents a variety of corporate debtors, trustees, creditors and creditor committees both nationally and locally.

Ms. Berkoff’s Dispute Resolution practice has her frequently serving as an ad hoc and panel mediator, she is on the Mediation Panels for the Eastern and Southern Districts of the United States Bankruptcy Courts in New York and the United States Bankruptcy Courts in Delaware and the Eastern District of Pennsylvania, as well as the Commercial Mediation Panel for Nassau County, Bronx County and the Nassau County Bar Association.


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