After the Evidentiary Hearing - The Award and Post-Award Issues
Presented by The College of Commercial Arbitrators (CCA)
CLE Credit Available
JAMS neutral Vivien B. Shelanski, Esq. will join a panel discussion entitled “After the Evidentiary Hearing - The Award and Post-Award Issues.” This presentation is the seventh installment of an ongoing series of webinars based on the topics and techniques set forth in the CCA Guide to Best Practices in Commercial Arbitration - Fourth Edition. Attendees will receive a complimentary digital copy of Chapter 12 “Awards and Substantive Interlocutory Arbitral Decisions” – from The Guide. See information on the panel below:
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The hearing is over. The Evidence is In. Now is the time for the parties to summarize the evidence presented and apply it to their claims and defenses, and for the Arbitrator to evaluate that evidence and render the Award.
This presentation will address what advocates need to understand to assist them in presenting their summations to the Arbitrator, and what Arbitrators may want to consider when rendering an enforceable Award. Topics that will be addressed include:
- What evidence is in? Is it what was presented through witnesses or everything on the exhibit lists?
- Closing briefs: what should be included; common mistakes that advocates make. Should there be simultaneous or consecutive briefing?
- Interim and partial-final awards v. one final award. What are the pros and cons of each?
- The presentation of costs, interest, and attorneys’ fees. When, and what’s needed.
- What is Functus Officio anyway, and what are the exceptions to that doctrine?
- Dealing with confidential information, such as trade secrets, in the Award.
- How Arbitrators may want to address witness credibility .
- Panel deliberations: reaching consensus.
Attendees of this program may submit live questions to the panelists for a Q&A session at the end.
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