Christopher J. Joyce, Esq.
General Counsel, InnovaCare, Inc., Fort Lee

Arbitration clauses:
     • Why arbitrate vs. litigate?
     • Do awards always stay confidential? What if there’s a need to file a motion to
       enforce/vacate the award?
     • The American Arbitration Association (AAA) cybersecurity initiative and ABA
       opinions
     • Drafting considerations. Mediation as an alternative or to be included in arbitration
       clause (2-step clauses)
     • Class arbitration
     • Additional Dos and Don’ts for drafting clauses (e.g., incorporation of court rules of
       procedure and evidence, specific requirements for arbitrator qualifications, time limits
       for procedure and issuance of award)
     • Enforceability issues re: arbitration clauses

Commencing an arbitration:
     • The process of commencing arbitration under the AAA Commercial Rules, including
       procedures of filing, determining and paying fees, etc.
     • The process and law to move to compel signatory and non-signatories.
     • How the AAA and arbitrators handle jurisdictional disputes.
     • Interim or emergency relief
     • How to Select and arbitrator
     • Arbitrator ethical issues
     • Procedural conferences and scheduling orders
     • Pre-hearing discovery and motion practice
     • What do the rules allow?
     • Scope of discovery - differences from litigation/Depositions - should they be permitted?
     • Obtaining nonparty discovery - differences from litigation
     • Dispositive motions - should they be discouraged?
     • Use of experts

Conducting the hearing: The hearing is scheduled and the tribunal invites the parties to consult on procedure - including submission of pre- and post-hearing briefs - admissibility of documents, and whether direct testimony must be live or by affidavit. This will feature a discussion of the procedures that the parties might want to adopt.