arbitration institute

390 Pages·2017·13.25 MB·English

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A
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PROGRAM MATERIALS
February 22 - 23, 2018
INSTITUTE OF CONTINUING LEGAL EDUCATION
WWW.ICLEGA.ORG
ARBITRATION INSTITUTE
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February 22 - 23, 2018 ICLE: State Bar Series
ARBITRATION INSTITUTE
7.5 CLE Hours Including
2 Ethics Hours | 1 Professionalism Hour | 7 Trial Practice Hours
Sponsored By: Institute of Continuing Legal Education
ARBITRATION INSTITUTE
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HOW
Copyright © 2018 by the Institute of Continuing Legal Education of the State Bar of Georgia.
CAN WE
All rights reserved. Printed in the United States of America. No part of this publication may be
reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic,
mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE.
HELP YOU?
The Institute of Continuing Legal Education’s publications are intended to provide current and
accurate information on designated subject matter. They are off ered as an aid to practicing
attorneys to help them maintain professional competence with the understanding that the
publisher is not rendering legal, accounting, or other professional advice. Attorneys should
not rely solely on ICLE publications. Attorneys should research original and current sources of
authority and take any other measures that are necessary and appropriate to ensure that they
are in compliance with the pertinent rules of professional conduct for their jurisdiction.
ICLE gratefully acknowledges the eff orts of the faculty in the preparation of this publication
and the presentation of information on their designated subjects at the seminar. The opinions
expressed by the faculty in their papers and presentations are their own and do not necessarily
refl ect the opinions of the Institute of Continuing Legal Education, its offi cers, or employees. The
faculty is not engaged in rendering legal or other professional advice and this publication is not
a substitute for the advice of an attorney. This publication was created to serve the continuing
legal education needs of practicing attorneys.
ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring
a competent attorney or other professional. If you require legal or other expert advice, you
should seek the services of a competent attorney or other professional.
Although the publisher and faculty have made every eff ort to ensure that the information
in this book was correct at press time, the publisher and faculty do not assume and hereby
disclaim any liability to any party for any loss, damage, or disruption caused by errors or
omissions, whether such errors or omissions result from negligence, accident, or any other
cause.
Who are we? How does SOLACE work? What needs are addressed?
The Institute of Continuing Legal Education of the State Bar of Georgia is dedicated to promoting
a well organized, properly planned, and adequately supported program of continuing legal SOLACE is a program of the State If you or someone in the legal Needs addressed by the SOLACE
education by which members of the legal profession are aff orded a means of enhancing their Bar of Georgia designed to assist community is in need of help, simply program can range from unique medical
skills and keeping abreast of developments in the law, and engaging in the study and research those in the legal community who email [email protected]. Those emails conditions requiring specialized referrals
of the law, so as to fulfi ll their responsibilities to the legal profession, the courts and the public. have experienced some significant, are then reviewed by the SOLACE to a fire loss requiring help with clothing,
potentially life-changing event in their Committee. If the need fits within the food or housing. Some other examples
lives. SOLACE is voluntary, simple and parameters of the program, an email of assistance include gift cards, food,
Printed By: straightforward. SOLACE does not with the pertinent information is sent meals, a rare blood type donation,
solicit monetary contributions but to members of the State Bar. assistance with transportation in a
accepts assistance or donations in kind. medical crisis or building a wheelchair
ramp at a residence.
Contact [email protected] for help.
HOW
Copyright © 2018 by the Institute of Continuing Legal Education of the State Bar of Georgia.
CAN WE
All rights reserved. Printed in the United States of America. No part of this publication may be
reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic,
mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE.
HELP YOU?
The Institute of Continuing Legal Education’s publications are intended to provide current and
accurate information on designated subject matter. They are off ered as an aid to practicing
attorneys to help them maintain professional competence with the understanding that the
publisher is not rendering legal, accounting, or other professional advice. Attorneys should
not rely solely on ICLE publications. Attorneys should research original and current sources of
authority and take any other measures that are necessary and appropriate to ensure that they
are in compliance with the pertinent rules of professional conduct for their jurisdiction.
ICLE gratefully acknowledges the eff orts of the faculty in the preparation of this publication
and the presentation of information on their designated subjects at the seminar. The opinions
expressed by the faculty in their papers and presentations are their own and do not necessarily
refl ect the opinions of the Institute of Continuing Legal Education, its offi cers, or employees. The
faculty is not engaged in rendering legal or other professional advice and this publication is not
a substitute for the advice of an attorney. This publication was created to serve the continuing
legal education needs of practicing attorneys.
ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring
a competent attorney or other professional. If you require legal or other expert advice, you
should seek the services of a competent attorney or other professional.
Although the publisher and faculty have made every eff ort to ensure that the information
in this book was correct at press time, the publisher and faculty do not assume and hereby
disclaim any liability to any party for any loss, damage, or disruption caused by errors or
omissions, whether such errors or omissions result from negligence, accident, or any other
cause.
Who are we? How does SOLACE work? What needs are addressed?
The Institute of Continuing Legal Education of the State Bar of Georgia is dedicated to promoting
a well organized, properly planned, and adequately supported program of continuing legal SOLACE is a program of the State If you or someone in the legal Needs addressed by the SOLACE
education by which members of the legal profession are aff orded a means of enhancing their Bar of Georgia designed to assist community is in need of help, simply program can range from unique medical
skills and keeping abreast of developments in the law, and engaging in the study and research those in the legal community who email [email protected]. Those emails conditions requiring specialized referrals
of the law, so as to fulfi ll their responsibilities to the legal profession, the courts and the public. have experienced some significant, are then reviewed by the SOLACE to a fire loss requiring help with clothing,
potentially life-changing event in their Committee. If the need fits within the food or housing. Some other examples
lives. SOLACE is voluntary, simple and parameters of the program, an email of assistance include gift cards, food,
Printed By: straightforward. SOLACE does not with the pertinent information is sent meals, a rare blood type donation,
solicit monetary contributions but to members of the State Bar. assistance with transportation in a
accepts assistance or donations in kind. medical crisis or building a wheelchair
ramp at a residence.
Contact [email protected] for help.
iii
FOREWORD
Dear ICLE Seminar Attendee,
Thank you for attending this seminar. We are grateful to the Chairperson(s) for organizing this
program. Also, we would like to thank the volunteer speakers. Without the untiring dedication
and eff orts of the Chairperson(s) and speakers, this seminar would not have been possible.
Their names are listed on the AGENDA page(s) of this book, and their contributions to the success
of this seminar are immeasurable.
We would be remiss if we did not extend a special thanks to each of you who are attending this
The purpose of the SOLACE program is to allow the legal community to
seminar and for whom the program was planned. All of us at ICLE hope your attendance will
provide help in meaningful and compassionate ways to judges, lawyers,
be benefi cial as well as enjoyable We think that these program materials will provide a great
court personnel, paralegals, legal secretaries and their families who initial resource and reference for you.
experience loss of life or other catastrophic illness, sickness or injury.
If you discover any substantial errors within this volume, please do not hesitate to inform us.
Should you have a diff erent legal interpretation/opinion from the speaker’s, the appropriate
way to address this is by contacting him/her directly.
TESTIMONIALS
Your comments and suggestions are always welcome.
Sincerely,
In each of the Georgia SOLACE requests made to date, Bar members have graciously Your ICLE Staff
stepped up and used their resources to help find solutions for those in need.
Jeff rey R. Davis
Executive Director, State Bar of Georgia
A solo practitioner’s A Louisiana lawyer was in need A Bar member was dealing Working with the South
quadriplegic wife needed of a CPAP machine, but didn’t with a serious illness and in Carolina Bar, a former
Tangela S. King
rehabilitation, and members have insurance or the means the midst of brain surgery, paralegal’s son was flown
Director, ICLE
of the Bar helped navigate to purchase one. Multiple her mortgage company from Cyprus to Atlanta
discussions with their members offered to help. scheduled a foreclosure on (and then to South Carolina)
Rebecca A. Hall
insurance company to obtain her home. Several members for cancer treatment. Associate Director, ICLE
the rehabilitation she required. of the Bar were able to Members of the Georgia and
negotiate with the mortgage South Carolina bars worked
company and avoided the together to get Gabriel and
pending foreclosure. his family home from their
long-term mission work.
Contact [email protected] for help.
ARBITRATION INSTITUTE
5 of 384
iVii
FOREWORD
Dear ICLE Seminar Attendee,
Thank you for attending this seminar. We are grateful to the Chairperson(s) for organizing this
program. Also, we would like to thank the volunteer speakers. Without the untiring dedication
and eff orts of the Chairperson(s) and speakers, this seminar would not have been possible.
Their names are listed on the AGENDA page(s) of this book, and their contributions to the success
of this seminar are immeasurable.
We would be remiss if we did not extend a special thanks to each of you who are attending this
The purpose of the SOLACE program is to allow the legal community to
seminar and for whom the program was planned. All of us at ICLE hope your attendance will
provide help in meaningful and compassionate ways to judges, lawyers,
be benefi cial as well as enjoyable We think that these program materials will provide a great
court personnel, paralegals, legal secretaries and their families who initial resource and reference for you.
experience loss of life or other catastrophic illness, sickness or injury.
If you discover any substantial errors within this volume, please do not hesitate to inform us.
Should you have a diff erent legal interpretation/opinion from the speaker’s, the appropriate
way to address this is by contacting him/her directly.
TESTIMONIALS
Your comments and suggestions are always welcome.
Sincerely,
In each of the Georgia SOLACE requests made to date, Bar members have graciously Your ICLE Staff
stepped up and used their resources to help find solutions for those in need.
Jeff rey R. Davis
Executive Director, State Bar of Georgia
A solo practitioner’s A Louisiana lawyer was in need A Bar member was dealing Working with the South
quadriplegic wife needed of a CPAP machine, but didn’t with a serious illness and in Carolina Bar, a former
Tangela S. King
rehabilitation, and members have insurance or the means the midst of brain surgery, paralegal’s son was flown
Director, ICLE
of the Bar helped navigate to purchase one. Multiple her mortgage company from Cyprus to Atlanta
discussions with their members offered to help. scheduled a foreclosure on (and then to South Carolina)
Rebecca A. Hall
insurance company to obtain her home. Several members for cancer treatment. Associate Director, ICLE
the rehabilitation she required. of the Bar were able to Members of the Georgia and
negotiate with the mortgage South Carolina bars worked
company and avoided the together to get Gabriel and
pending foreclosure. his family home from their
long-term mission work.
Contact [email protected] for help.
ARBITRATION INSTITUTE
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ARBITRATION INSTITUTE
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VII
AGENDA
Presiding:
R. Wayne Thorpe, Program Co-Chair, JAMS, Atlanta
Shelby R. Grubbs, Program Co-Chair, Miller & Martin PLLC, Atlanta
THURSDAY, FEBRUARY 22, 2018

5:00 PROFESSIONALISM PROGRAM
Discussion on the recent developments and trends in arbitration both domestic
and international including, among other matters, advocacy, diversity, discovery and
cost containment.
Moderator: Shelby R. Grubbs
Panelists:
John A. Sherrill, AAA Board Member and Arbitrator; Seyfarth Shaw LLP, Atlanta
Kimberly Taylor, Senior Vice President and Chief Legal and Operating Officer, JAMS,
New York
6:00 COCKTAILS
(ends at 7:30)
FRIDAY, FEBRUARY 23, 2018
8:00 REGISTRATION AND CONTINENTAL BREAKFAST
8:20 WELCOME REMARKS
R. Wayne Thorpe
8:30 COMPELLING/AVOIDING ARBITRATION
Erika C. Birg, Nelson Mullins Riley & Scarborough LLP, Atlanta
Valerie S. Sanders, Eversheds Sutherland (US) LLP, Atlanta
9:15 PRELIMINARY CONFERENCE, MOTIONS AND DISCOVERY
R. Wayne Thorpe
Sara S. Burns, King & Spalding LLP, Atlanta
Stephen L. Wright, Taylor English Duma, Atlanta
10:15 BREAK
10:30 THE HEARING
Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta
Frank A. Lightmas, Jr., Law Offices of Frank Lightmas, Jr., LLC, Atlanta
Penn Payne, Penn Payne LLC, Atlanta
11:45 LUNCH (Included in registration fee.)
ARBITRATION INSTITUTE
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12:15 DEVELOPMENTS IN COMMERCIAL ARBITRATION
Richard H. “Rich” Silberberg, President, College of Commercial Arbitrators; Dorsey
& Whitney, New York, NY
12:45 AWARD AND CHALLENGE
Ronald L. “Ron” Raider, Kilpatrick Townsend & Stockton LLP, Atlanta
Christopher M. “Chris” Campbell, Willoughby & Hoefer, Columbia, SC
Hon. Stanley F. Birch, Jr., Judge, Eleventh Circuit Court of Appeals (Ret.), JAMS, Atlanta
2:00 BREAK
2:15 DRAFTING DOMESTIC AND INTERNATIONAL ARBITRATION CLAUSES
Herbert H. “Hal” Gray, III, Ragsdale Beals Seigler Patterson & Gray, LLP, Atlanta
Hillary R. Kinsey Lukacs, Morris Manning & Martin LLP, Atlanta
3:00 ETHICS 1.0
Brent O. E. Clinkscale, Womble Bond Dickinson (US) LLP, Greenville, SC
Kristen K. Bromberek, Alston & Bird LLP, Atlanta
C. Edward Dobbs, Parker Hudson Rainer & Dobbs LLP, Atlanta
4:00 ADJOURN
ARBITRATION INSTITUTE
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IX
TABLE OF CONTENTS
Page
Foreword ...................................................................................................................................................V
Agenda .....................................................................................................................................................VII
Arbitration Institute ......................................................................................................................9-384
Appendix:
ICLE Board .................................................................................................................................................1
Georgia Mandatory CLE Fact Sheet ................................................................................................2