Arbitration Speaker Series: U.S. Commercial Arbitration at a Crossroads

12/01/2009 11:30 a.m. - 02:00 a.m.

Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105

James M. Schurz

James M. Schurz


Genevieve Oransky
Registration/Lunch: 11:30 a.m.
Program: Noon - 2:00 p.m.

Recent court decisions, the pending Arbitration Fairness Act of 2009, and new "protocols" adopted by leading arbitration institutions have created a new landscape for business-to-business arbitration. In recent years, there has been a "judicialization" of arbitration, with more discovery and more motion practice, which in turn has made commercial arbitrations lengthier and costlier. As a result, in-house counsel no longer automatically insert mandatory arbitration clauses in their commercial agreements, but instead, engage in a thoughtful weighing of the relative benefits of arbitration versus litigation before including such clauses.

In this program, we will discuss:

  • Increasing court scrutiny of predispute arbitration agreements, including the flash points for unconscionability claims;
  • The appropriate scope of discovery, including unresolved issues of how ediscovery can be managed cost effectively;
  • Case management techniques to make arbitration cheaper and faster;
  • The “thornier” drafting issues in ADR agreements, including broad confidentiality protection, expanded judicial review, and limits imposed on the remedial power of arbitrators; and
  • Effective screening of potential arbitrators.

All attendees will receive a complimentary copy of the Rutter Group’s California Practice Guide: Alternative Dispute Resolution (updates not included).

This invitation is open to all clients and friends of Morrison & Foerster LLP. There is no charge to attend this seminar.


  • Cedric Chao, Partner and Co-Chair of the International Arbitration Group, Morrison & Foerster LLP (Moderator)
  • Richard Chernick, Arbitrator and Mediator, and Chairman of the Board and Managing Director of Arbitration Practice, JAMS
  • Dwight James, Vice President, American Arbitration Association
  • Michelle Leetham, Vice President, Principal Counsel, and Manager of Litigation, Bechtel Corporation
  • James Schurz, Partner, Morrison & Foerster LLP, and Adjunct Professor, U.C. Hastings College of the Law, International Commercial Arbitration

Morrison & Foerster LLP (Provider #2183) certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 2.0 hours.

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