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AAA Handbook on Arbitration Practice - Second Edition
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The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte.
The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.
PART I: Issues in Arbitration Practice and Procedure
Where Should You Litigate Your Business Dispute?
In an Arbitration or Through the Courts?
John H. Henn
Keeping Arbitration Easy, Efficient, Economical
and User Friendly
Louis L. C. Chang
Creating an Economical and Efficient Arbitration Process Is
Everyone's Business
Kent B. Scott and Adam T. Mow
What Parties Might Be Giving Up and Gaining When
Deciding Not to Litigate: A Comparison of Litigation,
Donald L. Carper and John B. LaRocco
Major Arbitration Issues Recently Addressed by Courts
Scott D. Marrs and Sean P. Milligan
PART II: Key Ingredients for a Better Arbitration
You Control the Process v. the Process Controls You
John Arrastia, Jr.
Telling the Story: Integrating Witnesses, Experts, and
Documents into a Cohesive Narrative in Arbitration
Evan Slavitt
Developing a Case Theory and a Case Theme
Jay E. Grenig and Rocco M. Scanza
Top 20 Mistakes Attorneys Make in Arbitration and
How to Avoid Them
Judith B. Ittig and Harold Coleman, Jr.
A Preliminary Hearing Is Not Enough: Tips for a
Well-Managed Arbitration
Thirty Steps to a Better Arbitration
Judith B. Ittig and Michael J. Bayard
PART III: Arbitrator Selection and Conduct
Due Diligence in Arbitrator Selection: Using Interviews
and Written "Voir Dire"
Jeffrey P. Aiken
Selecting the Ideal Arbitrator
Charles J. Moxley, Jr.
An Arbitrator's Wish List
Stanley Weinstein
Why Not Provide for Neutral Party-Appointed Arbitrators?
Robert D. Taichert
The Stoic Arbitrator v. the Activist Arbitrator-
Jeffrey Aiken
Chairing an Arbitration
Muscular Arbitration and Arbitrators Self-Management
Can Make Arbitration Faster and More Economical
Mitchell Marinello and Robert Matlin
Calling All Arbitrators: Reclaim Control of the
Arbitration Process - the Courts Let You
David E. Robbins
Attorney Arbitrators Should Research Law: Permission
of the Parties to Do so Is Not Required
M. Ross Shulmister
PART IV: Arbitration Procedure
The Enforceability of Class Action Waivers in
Arbitration Clauses
Thomas W. H. Barlow
An Update on Multijurisdictional Practice and ADR
Bruce E. Meyerson
The Use of Dispositive Motions in Arbitration
Alfred G. Ferris and W. Lee Biddle
Improving Arbitration Through Technology:
A Quest for Basic Principles
Thomas D. Halket
PART V: Discovery and Evidence in Arbitration
Organizing Documents for Arbitration
Leslie Trager
E-Discovery Issues: What Parties and Their Counsel
Need to Know in Anticipation of and During Arbitration
Steven C. Bennett
Electronic Discovery in Arbitration: Privilege Issues and
Irene C. Warshauer
Waiver of Privilege under Federal Evidence Rule 502
and Arbitration Proceedings
Angela Foster
The Use of Subpoenas in Arbitration
Enforcing Arbitral Subpoenas: Reconsidering Federal
Question Jurisdiction Under FAA Section 7
Charles E. Harris II
Using Experts in Arbitration
George Ruttinger, Joe Meadows, and April Ham
Resenting Witness Testimony in U.S. Domestic
Arbitration: Should Written Witness Statements
Become the Norm?
Raymond G. Bender
Discovery in Commercial Arbitration:
How Arbitrators Think
The Development of Remedial Power: Arbitrators'
Ability to Award Monetary Sanctions
Philip D. O'Neill, Jr.
PART VI: Ethics in Arbitration Practice
2004 Code of Ethics for Commercial Arbitrators Explained
Bruce E. Meyerson and John M. Townsend
Must Arbitrators Investigate in Connection with Their
Disclosures? Some Courts Open the Door to Evident
Partiality Attacks
Bethany L. Appleby
Delaying Tactics in Arbitration
Alain Frécon
Who Is Responsible for Ethical Behavior by Counsel in
Arbitration?
An Arbitrator's Authority to Award Attorney Fees for
Bad-Faith Arbitration
John W. Hinchey and Thomas V. Burch
PART VII: Damages, Judicial Review and Enforcement of
Arbitration Awards
The Punitive Damages Remedy: Lessons for Drafters of
Michael D. Nolan and Andrew M. Leblanc
No Pay No Play: How to Solve the Non-Paying Party
Problem in Arbitration
Richard J. DeWitt and Richard J. DeWitt, III
Prevailing Parties and Attorneys' Fees
Stephen P. Gilbert
Enforceability of Religious Arbitration Agreements
and Awards
Supreme Court Addresses Volt's Choice-of-Law Trap:
Is the End of the Problem in Sight?
Archis A. Parasharami and Kevin Ranlett
The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
Chapter 1: John Henn
John H. Henn is an arbitrator, and sometime ADR counsel to Foley Hoag LLP, in
Boston, where he was a partner for over thirty years. He serves on the commercial, large
complex case, international and national panels of the American Arbitration Association.
He also serves as an arbitrator for CRP and FINRA. He has over forty-five years of
experience in business and commercial litigation and experience as a sole arbitrator and
panel chairman.
Chapter 2: Louis L.C. Chang
Louis L.C. Chang is a mediator, arbitrator, and lawyer in Honolulu, Hawaii. Since
1973, he has worked primarily on commercial and contract matters, construction,
insurance and labor and employment disputes. Reflecting the growth of ADR, his
practice has increasingly involved increased service as a mediator, arbitrator, facilitator,
umpire and discovery master. Mr. Chang serves on panels of a number of ADR provider
organizations, including the American Arbitration Association, Dispute Prevention &
Resolution, Inc., and the Federal Mediation & Conciliation Service. He also serves on the
arbitration panel of the Hawaii Labor Relations Board and on the mediation panel of the
federal and bankruptcy court in Hawaii.
Chapter 3: Kent B. Scott and Adam T. Mow
Kent B. Scott is a shareholder in Babcock Scott & Babcock, a construction law firm in Salt Lake City, as well as an arbitrator and mediator. Adam T. Mow is an attorney with Jones Waldo Holbrook & McDonough in the Salt Lake City office, specializing in construction law. Mr. Mow also serves as an arbitrator and mediator. Both authors serve on the commercial panel of the American Arbitration Association and both are members of the Utah Bar Association's Dispute Resolution Section and Utah Dispute Resolution. In addition, Mr. Scott serves on the panel for the U.S. District Court (Utah) and is a member of the ABA's Dispute Resolution Section and its Forum on the Construction Industry.
Chapter 4: Donald L. Carper and John B. LaRocco
The authors teach at the College of Business Administration, California State
University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association's labor panel
Chapter 5: Scott D. Marrs and Sean P. Milligan
Scott D. Marrs is a partner at Beirne, Maynard & Parsons, L.L.P., in Houston, Texas. He represents clients in commercial disputes in court, and arbitration throughout the country and serves as arbitrator on the American Arbitration Association's Commercial panel.
Sean P. Milligan is Senior Counsel at Claim Legal Travelers in Houston, Texas.
Chapter 6: John Arrastia, Jr.
John Arrastia, Jr., a Miami, Florida-based attorney, practices mainly in the areas of domestic and international commercial litigation and arbitration. He has represented quasi-governmental entities as well as commercial enterprises of every size, both public and private. He serves on the AAA panel of arbitrators. He holds an LL.M. in international arbitration and litigation from Cambridge University.
Chapter 7: Evan Slavitt
Evan Slavitt is the General Counsel of a publicly traded corporation and is an AAA arbitrator.
Chapter 8: Jay E. Grenig and Rocco M. Scanza
Mr. Scanza is an Attorney, Arbitrator and Mediator of labor and employment disputes. He is also the Executive Director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a National Vice President at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Mr. Grenig is a Professor of Law at Marquette University Law School. He has served as
an Arbitrator or Mediator in over 2,000 labor and employment disputes. A member of the
National Academy of Arbitrators, the American Law Institute, and the Order of the Coif,
Professor Grenig is also a fellow of the College of Labor and Employment Lawyers. He
formerly chaired the Labor and Employment Law Section of the Association of American
Law Schools and served as a consultant to the National Commission on Employment
Policy. He has written or co-written numerous books and articles.
Chapter 9: Judith B. Ittig and Harold Coleman, Jr.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial arbitrator panel, and the AAA's Construction Mega Project Panel. Mrs. Ittig, an attorney at Ittig & Ittig, P.C. based in Washington, DC, is a Fellow of the American College of Construction Lawyers, a Chartered Arbitrator/Fellow of the Chartered Institute of Arbitrators (London), and a Fellow of the College of Commercial Arbitrators. Harold Coleman, Jr., Esq., is senior vice president for mediation at the American Arbitration Association (AAA) and executive director/mediator for MEDIATION.org, a division of the AAA. Coleman also trains new AAA arbitrators and aspiring mediators in basic/advanced arbitration case management techniques and basic/advanced mediation skills. A former multi-disciplinary project manager and complex litigation attorney, Coleman has mediated and arbitrated multiplied hundreds of litigated and non-litigated disputes during a 28-year legal and ADR career. He is a Fellow and director of the College of Commercial Arbitrators (CCA) and board member of the International Mediation Institute (IMI). Coleman serves from the Association's Los Angeles and New York offices.
Chapter 10: Michael Chambers
Michael Chambers is a member of the AAA commercial, large complex case, employment and international panels. He has often served as a trainer at AAA training programs and previously co chaired several national panels of arbitrators created in class action settlements. Licensed to practice law in New York, Washington, D.C., and Alabama, he is of counsel to the Alabama-based firm of Cabaniss, Johnston, Gardner, Dumas & O'Neal LLP. He holds a J.D. degree from the University of Alabama and a doctorate from the University of Geneva in Switzerland. He has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy.
Chapter 11: Judith B. Ittig and Michael J. Bayard
Michael J. Bayard is a full-time construction arbitrator, mediator and project neutral. He chairs the AAA's Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct professor. He was recently named to the AAA's National Construction Master Arbitrator Roster.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial arbitrator panel, and is on the AAA's National Construction Master Arbitrator Roster. Mrs. Ittig, an attorney at Ittig & Ittig, P.C. based in Washington, DC, is also a Fellow of the American College of Construction Lawyers and a Chartered Arbitrator/Fellow of the Chartered Institute of Arbitrators (London).
Chapter 12: Jeffrey P. Aiken
Jeffrey Aiken is semi-retired, having practiced with the law firm of Whyte
Hirschboeck Dudek, S.C. where he was involved in arbitration practice as a neutral and
party representative for nearly 40 years in addition to serving as a commercial litigator
and transactional attorney. He continues to serve on the AAA''s Large and Complex
Claim panels for construction and other commercial disputes.
Chapter 13: Charles J. Moxley, Jr.
Charles J. Moxley, Jr., the principal in Moxley ADR LLC, has been an arbitrator on
panels of the American Arbitration Association (AAA) for over 35 years, presiding over
more than 250 cases, many of them large and complex involving multiple parties,
substantial issues and high stakes. He trains arbitrators for the Dispute Resolution (DR)
Section of the New York State Bar Association (NYSBA), teaches arbitration law at
Fordham Law School, and serves as Distinguished ADR Practitioner in Residence at the
Benjamin N. Cardozo School of law. He was recently selected by the AAA to provide
training in effective arbitration practices in AAA training programs This article is adapted
from a presentation he made at the American Arbitration Association in New York in
June 2005 on the process of selecting an arbitrator. Mr. Moxley welcomes comments
from readers about their experiences with arbitrator selection
Chapter 14: Stanley Weinstein
Stanley Weinstein, a non-practicing attorney and CPA, is an arbitrator specializing
in commercial and real estate disputes. He has been on the American Arbitration
Association roster since 1994
Chapter 15: Robert D. Taichert
The late Robert D. Taichert (d. 2013) was a prominent Albuquerque attorney of
counsel to Hinkle, Hensley, Shanor & Martin, LLP. He served on the roster of the
American Arbitration Association for commercial, construction and large, complex cases.
Mr. Taichert had written and lectured on a variety of ADR subjects. He chaired the
Revised Uniform Arbitration Act subcommittee of the AAA's New Mexico Advisory
Committee.
Chapter 16: Jeffrey Aiken
Jeffrey Aiken is semi-retired, having practiced with the law firm of Whyte Hirschboeck Dudek,S.C. where he was involved in arbitration practice as a neutral and party representative for nearly 40 years in addition to serving as a commercial litigator and transactional attorney. He continues to serve on the AAA's Large and Complex Claim panels for construction and other commercial disputes.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial
arbitrator panel, and the AAA's Construction Mega Project Panel. Mrs. Ittig, an attorney
at Ittig & Ittig, P.C. based in Washington, DC, is a Fellow of the American College of
Construction Lawyers, a Chartered Arbitrator/Fellow of the Chartered Institute of
Arbitrators (London), and a Fellow of the College of Commercial Arbitrators.
Chapter 18: Mitchell Marinello and Robert Matlin
Mitchell Marinello is a Partner with the law firm of Novack and Macey. Robert
Matlin is Senior Vice President with the American Arbitration Association.
Chapter 19: David E. Robbins
David E. Robbins has been an AAA arbitrator for 30 years and is a partner in Kaufmann, Gildin & Robbins LLP, in New York City, where he specializes in commercial arbitration, mediation and disciplinary proceedings before regulatory authorities. Previously, he served as Special Deputy Attorney General of New York State and was Director of the Compliance, Arbitration and Disciplinary Hearings Departments of the American Stock Exchange. The author of the Securities Arbitration Procedure Manual (5th ed., 2015, Matthew Bender/Lexis/Nexis), he also writes the annual "Practice Commentary" in Article 23-A of the New York General Business Law for McKinney's Consolidated Laws of New York. In addition, he chairs the New York State Bar Association program on securities arbitration and mediation.
Chapter 20: M. Ross Shulmister
M. Ross Shulmister is a retired USAF officer, who has been a Florida attorney for more than 40 years, also serving as an AAA arbitrator for more than 30 years. He serves on AAA's Commercial, Construction, and Consumer panels. He is also certified as a state court arbitrator by the Fla. Supreme Court, serving in the 17th Circuit (Ft. Lauderdale area).
Chapter 21: Thomas W. H. Barlow
Thomas W. H. Barlow is a partner in the Troy office of Giarmarco, Mullins &
Horton, P.C. A labor and employment lawyer, he has more than 40 years of experience
representing management in the negotiation and administration of collective bargaining
agreements and in defending management in discrimination, harassment, wrongful
dismissal, Sarbanes-Oxley, whistle-blowing, and retaliation cases. Nickolas Guttman, a
summer associate, helped prepare this article.
Chapter 22: Bruce E. Meyerson
Bruce E. Meyerson, a mediator and arbitrator in Phoenix, Arizona, serves on the American Arbitration Association's roster of neutrals and is a member of the Association's Board of Directors. He formerly served as a Judge on the Arizona Court of Appeals and was General Counsel of Arizona State University. He is a past chair of the American Bar Association Section of Dispute Resolution.
Chapter 23: Alfred G. Ferris and W. Lee Biddle
Alfred G. Ferris is a full-time neutral and a commercial, construction and employment arbitrator and mediator. He serves on the American Arbitration Association's Large, Complex Case Panel. He is of counsel with the San Diego law firm of Ferris & Britton APC, of which he was a founding partner.
W. Lee Biddle is an associate with the firm, practicing in the area of business litigation.
Chapter 24: Thomas D. Halket
Thomas D. Halket is a partner in Halket Weitz LLP in New York and an adjunct professor at the Fordham University School of Law where he teaches courses on International Arbitration, IP Transactions Law and Entrepreneurship Law. An experienced arbitrator and mediator, he has chaired the American Arbitration Association's Technology Advisory Committee and is a member of the AAA's commercial, large complex, technology and IP and international panels. He also serves on the panels of the Chartered Institute of Arbitrators, the CPR Institute for Dispute Resolution and the World Intellectual Property Organization, among others. He is a Fellow of the Chartered Institute and Chartered Arbitrator, a Fellow of the College of Commercial Arbitrators, a Member of the London Court of International Arbitration and a Freeman of the Worshipful Company of Arbitrators.
Chapter 25: Leslie Trager
Leslie Trager is a practicing attorney in New York City. He also serves on the
American Arbitration Association's panel of commercial arbitrators.
Chapter 26: Steven C. Bennett
Steven C. Bennett is a partner at Park Jensen Bennett LLP in New York City. He coteaches a course on e-discovery at Rutgers Law School. The views expressed are solely those of the author and should not be attributed to the author's firm or its clients.
Chapter 27: Irene C. Warshauer
Irene C. Warshauer is an active attorney, arbitrator and mediator in New York City.
She serves on the American Arbitration Association's panel of arbitrators and mediators.
Chapter 28: Angela Foster
Angela Foster, Ph.D., J.D. is a patent attorney of the Law Office of Angela Foster,
in North Brunswick, NJ. The firm specializes in intellectual property matters and
American Arbitration Association's panel of commercial arbitrators
Chapter 30: Charles E. Harris II
Mr. Harris is a partner in the Litigation & Dispute Resolution Group at Mayer
Brown LLP in Chicago. He has represented clients in domestic and international
arbitrations and other forms of dispute resolution. He also has a varied litigation practice.
Prior to joining the firm, he was a law clerk for the Hon. David D. Dowd Jr., U. S.
District Court, Northern District of Ohio
Chapter 31: George Ruttinger, Joe Meadows, and April Ham
George Ruttinger is a partner in the Government Contracts and International Dispute Resolution Groups of Crowell & Moring LLP. He is in Crowell's Washington, D.C. office and specializes in contract litigation and counseling. He has represented clients in state and federal courts, arbitration proceedings, mini-trials, mediations, and federal administrative agencies.
Joe Meadows is a litigation counsel in Crowell & Moring's Washington, D.C. office, where he specializes in complex commercial litigation and arbitration matters, frequently working with and writing about experts.
April Ham is a litigation and antitrust associate in Crowell & Moring's San
Francisco, California office.
Chapter 32: Raymond G. Bender
Raymond G. Bender is an independent commercial Arbitrator serving in U.S. domestic and international disputes. He is a member of the American Arbitration Association's Roster of Commercial Arbitrators for Washington, D.C., Technology, and Large Complex Cases; the CPR Panel of Distinguished Neutral Arbitrators for Washington, D.C., Technology, and Cross-Border disputes; and the International Center for Dispute Resolution (ICDR) Panel of International Arbitrators. Mr. Bender has served in International Chamber of Commerce (ICC) and ad hoc arbitrations as well. He also is an Adjunct Professor at the Washington College of Law, American University, Washington DC, where he teaches Alternative Dispute Resolution Law.
Charles J. Moxley, Jr., the principal in MoxleyADR LLC, has been an arbitrator on
training in effective arbitration practices in AAA training programs. This article is
adapted from a presentation he made at the American Arbitration Association in New
York in June 2005 on the process of selecting an arbitrator. Mr. Moxley welcomes
comments from readers about their experiences with arbitrator selection.
Chapter 34: Philip D. O'Neill, Jr.
Philip D. O'Neill, Jr. is a domestic and international commercial arbitrator. Mr. O'Neill was the Nomura Lecturer in Law on International Arbitration at Harvard Law School in 2005. He has been an adjunct professor of international arbitration at Boston College Law School since 1989, and at Boston University Law School since 2011. Mr. O'Neill is a Fellow in the College of Commercial Arbitrators, and the Chartered Institute of Arbitrators. He is a chartered arbitrator as well.
Chapter 35: Bruce E. Meyerson and John M. Townsend
Bruce E. Meyerson, a Mediator and Arbitrator in Phoenix, Arizona, is a former
Judge of the Arizona Court of Appeals and a past chair of the ABA Section of Dispute
Resolution. He participated as a member of the ABA delegation on the 2004 revision of
the 1977 AAA-ABA Code of Ethics. He is an Adjunct Professor at the Arizona State
University College of Law where he teaches ADR courses, including the course on
Arbitration.
John M. Townsend is a Washington, D.C., Partner of Hughes Hubbard & Reed LLP,
where he chairs the Arbitration and ADR Group. He served as a member of the AAA
delegation during the 2004 revision of the 1997 ABA-AAA Code of Ethics and was the
Chairman of the AAA's Board of Directors from 2007 to 2010.
Chapter 36: Bethany L. Appleby
Bethany L. Appleby is a lawyer who represents franchisors in franchise litigation and
is a partner in the New Haven, Connecticut, office of Wiggin and Dana LLP.
Chapter 37: Alain Frécon
Alain Frécon has more than 30 years of experience with commercial and corporate
transactions and international litigation. A member of the Minnesota State Bar and a
qualified neutral under Rule 114, Minnesota General Rules of Practice, he has been
serving as an arbitrator since 1976. He serves on the American Arbitration Association
training faculty and is a mediator and arbitrator on the AAA panel for commercial,
international and large, complex cases. He also serves on the panel of CPR and the ICC.
Steven C. Bennett is a partner in of Park Jensen Bennett LLP in New York City and the author of ARBITRATION: ESSENTIAL CONCEPTS (2002). The views expressed are solely those of the author, and should not be attributed to the author's firm or its clients.
Chapter 39: John W. Hinchey and Thomas V. Burch
John W. Hinchey is a former partner at King & Spalding LLP, and is now a fulltime
arbitrator and mediator with JAMS, who focuses his practice on domestic and
international construction dispute resolution. He is a Past President of the American
College of Construction Lawyers, former Chair of the ABA Forum on the Construction
Industry He is co-author of a treatise, the International Construction Arbitration
Handbook, published by ThomsonWest (2015 ed). He is a CIArb Chartered Arbitrator
and currently arbitrates disputes for the American Arbitration Association, JAMS, the
ICC, CPR, and the London Court of International Arbitration.
Thomas V. Burch joined the Georgia Law faculty in 2011 after starting his academic career as an assistant visiting professor at the Florida State University College of Law in 2009. He works closely with the law school's moot court program and Appellate Litigation Clinic. Before entering the legal academy in 2009, Burch was a litigation associate at King & Spalding in Atlanta, Ga.; Balch & Bingham in Birmingham, Ala.; and Hopping Green & Sams in Tallahassee, Fla.
Chapter 40: Michael D. Nolan and Andrew M. Leblanc
Michael D. Nolan is a partner in the Litigation and Arbitration Groups, and Andrew
M. Leblanc is a partner in the Financial Restructuring and Litigation Groups, in the
Washington D.C. office of Milbank, Tweed, Hadley & McCloy LLP.
Chapter 41: Richard J. DeWitt and Richard J. DeWitt, III
Richard J. DeWitt is a principal at DeWitt Law/ Resolve Disputes in Coral Gables, Florida. He has over 35 years' experience as a business and technology attorney and business executive. Mr. DeWitt serves as an arbitrator and mediator in domestic and international commercial, business, technology and employment disputes. He is a member of the American Arbitration Association's National Roster of Neutrals serving on its large, complex case panel, its commercial, employment and technology panels and its panel of Mediators the International Centre for Dispute Resolution Panel of Neutrals. He is also a Member of the CPR Institute panel of Neutrals and the CDRS Panel of Neutrals. He is a Florida Supreme Court Certificated Arbitrator and Florida Supreme Court Certified Circuit Civil Court Mediator. Mr. DeWitt is a member of the Florida Bar, a Fellow of the College of Commercial Arbitrators and Distinguished Fellow of International Academy of Mediators and a member of the National Academy of Distinguished Neutrals.
Richard J. DeWitt, III is an attorney at Arnstein & Lehr, LLP, in Ft. Lauderdale, Florida. He practices in the areas of land use, eminent domain, and government relations. He is a member of the Florida Bar
Chapter 42: Stephen P. Gilbert
Stephen P. Gilbert is a patent, trademark, and copyright Attorney, an Arbitrator, and a Mediator and was a Partner at a major multinational law firm for over two decades, where he was co-leader of its IP practice group. He is a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators. Before becoming a lawyer, he worked as a chemical engineer and a computer programmer.
The author is a partner at Park Jensen Bennett LLP in New York City. The views expressed are solely those of the author, and should not be attributed to the author's firm or its clients. Marie Aveni, a summer associate at Jones Day, assisted in the preparation of this article.
Chapter 44: Archis A. Parasharami and Kevin Ranlett
Archis A. Parasharami and Kevin Ranlett are partners in Mayer Brown LLP's Supreme Court & Appellate Practice and its Consumer Litigation & Class Actions Practice, of which Archis is co-chair.
Author/Editor Detail:


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redpajama_set_name: RedPajamaGithub


The Streatfeilds and Streatfields in this family history are from east Surrey, north Sussex, especially the Weald & north west Kent. The first reliable record for the families covered here is Robert Streatfeild of Chiddingstone, born in 1514. He was involved in the Wealdon Iron industry as were his sons, but then the family turned to farming and land acqusition. Recent research shows it likely that the Streatfields were in the area well before 1514 and had connections to families in Penhurst. There are strong connections to the Woodgates another local family with properties in Hever, Penshurst and Chiddingstone parishes.
All known descendants of Robert Streatfeild of Chiddingstone that were born up to the end of 1918 are on the companion website, The Streatfields, where one should go for other branchs of this particular family. Please remember there are other Streatfield families in Kent and others in Sussex as well as more widely. It is not established if these families share common roots with those descendants of Robert Streatfeild of Chiddingstone.
The family became prominent in the late 1700's after the marriage of Henry Streatfeild to Lady Anne Sidney, the natural daughter of Jocely, 7th Earl of Leicester and the inheritance of some of his estates. A number of his family became prominent soldiers and clergymen in the 19th century.
On this site are covered the male and female descendants of John Streatfeild, born in Leigh in 1740, to the present day. John appears to have moved from the ancestral family in the area around Chiddingstone and, after his marriage to the widow Mary Wilds, nee Gates, in Sevenoaks in 1772, he and family moved to the north and east to Farningham, Stansted and Halling and then beyond. This family has been very comprehensively researched by various descendants of John Streatfield of Leigh; especially Malcolm Streatfield, Trevor Gibbons & Ron Ellis.
NOTE:- The spelling of the surname is very variable and includes Strutfield, Stratfield, Streetfield as well as the two above. Some records record variants in official records but not all.
The Streatfeilds / Streatfields / Strutfields/Stratfields of Kent, descendants of Robert Streatfeild of Chiddingstone, born 1514 at Penshurst.
The convention used here is to use the spelling 'Streatfield" for all descendants of John Streateild, born 1740, though this spelling was used before this time and the distinction is artificial for early uses. Some descendants of Robert, 1514, who remained in the Chiddingstone area have retained the 'Streatfeild" spelling and still live in the area and a few have reverted to using Streatfeild from Streatfield.


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text:
Trajectories of the Heart, by Arlan Andrews, Sr.
Find this book.
(Science Fantasy) Francisco's flying a solo mission from low Earth orbit to Lunar orbit when his ship has a terrible accident, and he's go no one but himself to rely on. (~7,500 words)
Rating: 2, Not Recommended
"Trajectories of the Heart," by Arlan Andrews, Sr., appeared in Trajectories (edited by Dave Creek), published April 1, 2016 by Hydra Publications.
Pro: Francisco Navarro is an interesting character--a Spanish-speaking Hindu with abandonment issues. When he's marooned, it's not that big a change from the life he's always led.
Con: The story suffers from too many unbelievable elements. Right off the bat, it's hard to see why you'd used manned vehicles to deliver cargo. Even today, SpaceX sends unmanned cargo craft to the space station.
Next, the sort of collision that could make a big trajectory change in a spacecraft would simply vaporize it. Any asteroid of 10 km diameter that passes so close to Earth would already be known to NASA today--much less in 100 years. But such an object would have very, very little gravity (unless it was a black hole). There's no way it could seriously deflect a spaceship. If it were a black hole, he wouldn't have escaped it so easily, and (again) NASA would have detected it long ago due to its effect on the other planets.
When he does escape, he transforms his orbit utterly--which suggests he could have got back to Earth if he's wanted. He gives his orbit as having "thirty million miles perigee" which would imply he was orbiting the Earth. If that means the sun, then he's going to get toasty warm at perihelion well inside the orbit of Mercury.
Then, abruptly, the story becomes fantasy, and Francisco essentially wills himself to return to Earth in what amounts to a deus ex machina ending.
A minor point is that Francisco speaks very strange Spanish. That probably won't bother anyone who doesn't know much Spanish, but it's very annoying if you do.
Posted by Greg Hullender at 4/09/2016 04:00:00 PM
Labels: 2016, Arlan Andrews Sr., Rating: 2, Review, Short Story, Trajectories

redpajama_set_name: RedPajamaCommonCrawl


We had beans last Thursday, for a change. I cooked chili con carne and it reminded me of the chili con carne that Wendy's in the Philippines offered sometime 5 or 6 years ago at only P25. The Wendy's chili con carne comes with a cup of white rice and shredded cheddar cheese on top and was served on a small Styrofoam bowl. I'm not sure if the fastfood is still selling it up to now but it was a good dinner find that is cheap yet filling and with the thought that it's a wendy's food, it makes one feel like he/she is better off compared to those who are eating at carinderias or turo-turos.
Wendy's in Singapore is also selling chili con carne but it is merely part of a meal, as it serves as topping to a baked potato meal.
I didn't like the chili con carne that I cooked. First because I really don't appreciate the taste of beef unless it's fatty and secondly, because I put too much chili on the recipe, it turned out to be awfully fiery hot that it made the Husband sweat profusely. It also made me felt like it was burning my tongue and gums. You know the the commercial about a food that was so hot & spicy that the person eating it literally turned flaming red? The feeling was like that :-( the Husband liked it though, he just requested for me to not put too much chili next time. That means to say that he was expecting me tol be cooking this same dish some time in the future. Then I will, sans the chili. But it won't be chili con carne without the chili right? So I will just have to reduce the fiery hotness. Can I also put some beef fat? My taste buds were actually anticipating for that fatty taste and mouthfeel and they felt deprived and some more violated because of the burning chili flavor of the dish.
Anyway, here's my fiery chili hot and spicy chili con carne. I served it with steamed whole grain red rice and a bunch of blanched spinach leaves. You can also have it with tortilla, nachos, or a slice of whole meal bread which I did for lunch today. It's your choice. By the way, this is a healthy recipe that's high in protein and fiber but low in calorie and carbohydrates.
Kidney Beans – 150 g.
Ground Beef – 150 g.
Wash then soak the kidney beans in water for at least 5 hours.
Drain kidney beans and transfer to a pressure cooker. Add water just 1 cm above the beans. Bring to a boil under pressure for 10 minutes. Turn off fire and remove pressure from the cooker.
Transfer the beef mixture into the pressure cooker with the beans. If the water is not enough, add a cup. Boil under pressure for at least 5 minutes or until the beans and the beef are cooked.
Transfer to the sauce pan and add the rest of the ingredients. Simmer until the sauce thickens.
Makes 4-5 servings. Below is the estimated nutritional values per serving based on the ingredients used.


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Will Andrew Cuomo's Resignation Affect COVID-19 Protocols?
Romi Chaovat '24
Andrew Cuomo, the New York State governor, has been the topic of discussion within New York for months. Discussions among New Yorkers began with Cuomo's COVID-19 guidelines, including a scandal involving the spread of COVID-19 in nursing homes. This past summer has been no different, as he announced that he would be resigning as governor; a report concluded that he had sexually harassed 11 women. This horrific, now public information pressured New York's former governor into resignation. Cuomo was ultimately removed from office on August 24 and replaced by Democratic Kathy Hochul, who was formerly lieutenant governor. This change in leadership happened at a crucial time, as COVID-19 cases went up and schools prepared to reopen; this occurrence left parents, students, and administrators with a sense of uncertainty. The feeling is no different at Ramaz. Ramaz has set its protocols but now will have to revisit and revise them according to the actions of Governor Hochul and the state.
As the school summer break continued, the delta variant of COVID-19 started to become present in the news and in people's concerns. It seemed that with this new, dangerous, and highly contagious variant, restrictions would tighten up again, especially going into the school year. So when New York authorities announced that they were allowing local school officials to decide on their own Covid protocols and restrictions for in-class learning, it came as a surprise.
Now with Cuomo's resignation and departure from office, the guidelines are going to change. Governor Hochul announced a plan to put a universal mask mandate into effect. Anyone entering schools in the New York State area will be required to wear a mask. In addition to this, all school personnel will have to be vaccinated. If someone is not vaccinated, he or she would have to submit to weekly testing.
These new mandates will not affect students at Ramaz, as an email the Ramaz administration sent out at the beginning of the summer says, while indoors, students will be required to wear masks. Since these protocols were in place before Cuomo's resignation, and students were expecting to be masked even before Governor Hochul's announcement, this does not change how Ramaz students are going into this school year.
I believe that the change will be in the mindset of the students and faculty. Since the beginning of summer, Cuomo had been very expressive that New York is "beating Covid." Saying we could win against the virus. I do not see it that way. Yes, the numbers are going down, but Covid will be a part of our realities for a while and is not something that can be definitively beaten. I think Hochul's precautions, like the mask mandate, will show just that. As students go back to school, they will be more cautious because now it is not just Ramaz's precautions, but also the precautions from the New York State Department of Health and our new governor.
Sno' Day Sno' Problem
The New Yellow Star: Can Anti-Vaxxers be Compared to Jews during the Holocaust?
Should Masks Be Required in School?
An Uptick in COVID-19 Cases: The Ramaz Response
Ramaz Goes Remote Days Before Winter Break
Don't Be Afraid of the Nurse
Freshman Shabbaton Postponed
Computers, Covid, and Elevators: Faculty Meeting Report
Mask Mandate: Enforcement of the "Grey Area"


Facebook recently made a change to the options available to Facebook users, allowing us a little more control over what we see in our personal newsfeeds, and how. As a Facebook user you'll want to take this one step for your favourite people and Business Pages right away. As a small business, you'll want to encourage your fans to do this one thing for your Business Page so they will see your Facebook Posts first.
Here's a quick video tutorial to show you what to do. Feel free to share this with your friends and fans to help them out, too.
If you prefer, you can use the text below on your Business Page.
1. Hover over the name of this Page in your newsfeed.
2. Now hover over the "Liked" button.
3. You should see the option to "See First"…just click on that.
If you didn't know about this change already, share this post with your networks…chances are they missed it too!


Despite how it might sound, 100 Ladies is a slot game dedicated to one of the cutest insects on the planet – ladybirds. It also refers to the enormous amount of paylines used in 100 Ladies slot, and to add to the excitement, IGT has included stacked wilds and free spins (up to 255 of them) for you to capture on your mobile phone or tablet. When you enter the slot game, you'll find yourself hidden in the grass of a beautiful garden filled with wildflowers, where the sounds of upbeat jazz music fill the air. Facing you are the five reels, above which the game's title is formed of red-and-black-spotted ladybirds. IGT has also used a loved-up male and female bug, a sunflower, a four-leaf clover, and a cluster of ladybirds as the game's primary symbols.
The most valuable symbol, is the bundle of bugs, which pays 100, 225 or 1,000 your line bet for three, four or five-of-a-kind respectively. It's also the wild symbol in this quaint mobile slot, which means it can substitute for all symbols except the Bonus. Another beneficial aspect of the wild is its ability to appear stacked on the reels in both the base game and the free spins feature. So, when you get stacked wilds on multiple reels, there's even greater potential to fly away with some fantastic cash rewards. Having 100 paylines at your disposal makes 100 Ladies slot a highly inviting prospect for any slot fan, and you can see exactly how wins can be formed across the reels by looking at the 'Paylines' tab within the pay-table. The only downside of using all of the available paylines is that it costs you a minimum of £1 per spin to play.
To compensate for this, IGT has made it possible to alter the number of active lines according to your budget/preference as follows: 1; 10; 25; 50; 75; 100. The blue-and-yellow Bonus symbol can help you access the main special feature of the 100 Ladies slot game – the free spins round. It needs to appear on Reels 2, 3, and 4 simultaneously to trigger it, and this awards you 2x your total bet along with ten free spins.
The Free Spins Bonus uses an enhanced reel set in which various symbols (such as the sunflower and the male and female bug are different colours to those in the base game). You can also earn ten additional spins by landing the Bonus symbol across the second, third, and fourth reel to gain a maximum of 255 free games. Nothing bugs us more than a graphically brilliant mobile slot, which fails to deliver on gameplay. Luckily, this couldn't be further from the truth with IGT's 100 Ladies slot game. It's fun to play, and when the stacked wilds work their magic, you can grab some seriously hot wins. Miss Red slot, Golden Jungle slot and Balloonies slot are other fun online slots by IGT, why not check them out at our phone casino today?


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Meet the SSO-A Integration Team!
By Hilary Meyerson
It takes a solid team to execute any successful large scale project – it takes an AMAZING team to pull of a mission like SSO-A: The Smallsat Express! Luckily, we've got a top notch crew working in our Auburn Integration Facility to make sure that everything is running smoothly.
This team has been working day and night for months now, but are ramping it up further as we get ready for customer spacecraft to arrive for integration, and then for ultimate transportation to the launch site at Vandenberg Air Force Base in California. We wanted to highlight our Integration Team members who are all going the extra mile to make launch successful. Our customers will be getting to know many of them over the next few months as we ramp up to launch.
Jeff R., Mission Director and Program Manager SSO-A. Jeff is responsible for the execution of the entire mission. He's the head coach keeping all the players on the team working on a shared goal.
Adam H., Mission Director. Adam is responsible for all assembly, integration and testing for the mission and launch site operations. He has technical expertise in a wide range of areas and oversees all the work the rest of the team is doing. Many of our customer have worked closely with Adam, and are familiar with his exemplary skills (and fantastic beard).
Chin S., Program Manager. Chin is a veteran program manager who manages a complex schedule and vendor deliverables. He coordinates the work on over 90 wiring harnesses of different designs and six avionics units. He manages the team's activities on daily basis, keeping all the work running smoothly.
Leah S., Chief Electrical Engineer. Leah is responsible for all electrical engineering, including avionics and harness design – no easy task. She has her work cut out because of the number of deployment signals that need to sent in a mission on this scale.
Megan L., Lead Test Engineer. Megan is responsible for planning all system tests and all mission procedures. This has been an extraordinary task, as she needs to set up all these mission procedures from scratch, as this mission is unprecedented.
Micah F., Assembly, Integration & Test (AIT) Engineer. Micah writes all of the mission scripts which dictate the deployment order of spacecraft from SSO-A. He also runs the mission tests. This is a time-intensive processes – writing a sixteen-hour mission script that includes mapping signal from avionics to the correct separation system.
Angela T., Electrical Engineer. Angela runs mission tests with Micah, reviews procedures and harness design. She has had the steepest learning curve and ramped up fast, as she's the newest member of our team, joining us only four months ago.
Frederic E., Production Technician. Frederic builds harnesses, does electrical re-work, and runs tests on the myriad electrical components required for SSO-A. He's the veteran of the team, with many years of experience. We're lucky to have him!
Jake L., Assembly, Integration, & Test (AIT) Engineer. Jake does the mechanical integration of spacecraft and also in charge of all mission documentation and orders for hardware. We have over 250 drawings for the mission and Jake must map all drawings to the right procedure.
Alex L., Assembly, Integration, & Test (AIT) Engineer. Alex is our "Jack of all Trades" on SSO-A, doing a little bit of everything, across many areas. He is adept at a wide range of mechanical and electrical work. He's also the youngest of the team, and came on just six months ago.
Dan Q., Electrical Engineer (Contractor). Dan is responsible for the harness design for over 90 harnesses. He's an amazing addition to the team and we couldn't do it without him!
The team will continue to ramp up their efforts, eventually working 7 days a week when customer integration starts. We're proud to have such an experienced dedicated team working for mission success for our customers!


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PJ Harvey and John Parish
Woman, Man Walking: PJ Harvey and John Parish Return to California
Randall Roberts June 17, 2009
This past spring at El Rey, PJ Harvey and John Parish introduced California to songs from their rich, velvet-upholstered recent collection, A Woman a Man Walked By. It's the pair's second collaboration, a dozen years after the sparse yet fierce Dance Hall at Louse Point. With four musicians backing her, Harvey was in full diva mode at the El Rey show, never touching a guitar but shaking maracas like Mick Jagger, twirling and freaking and dancing and yowling and whispering and, in general, delivering an absolutely riveting performance that, at times, suggested exorcism and denial, at others, conjured a melancholy beauty that drove her to waltz around while bemoaning our fair state — "Leaving California," with a refrain that includes the line, "Get me out of here." The day of that spring show, West Coast Sound sat down in West Hollywood with Harvey and Parish in the restaurant at Le Parc.
Describe your collaborative process.
PARISH: Both Dance Hall at Louse Point and the new record were made with me writing the music and recording the music, and giving copies to Polly, and she would put the words on top, and then we get together and record the songs and the words that we're completely happy with. I think the main difference between the two collaborations is really how we've developed and progressed as writers and performers in the dozen years between the two records. So while we were basically following the same template, the end result, we both feel, is quite a considerable progression, on a much broader record. And it was nice, because it's difficult to judge your own progress as an artist because the records tend to be closer together, so you don't have that distance.
Does it get easier over the years to handle each other's criticism?
HARVEY: Yes, and I think that's why I value our relationship so much in that working capacity. Because it's very rare, I think, to find somebody whose opinion you really respect but also whose judgment will be truthful, no matter what. And to be able to receive that, and give it in good heart is fantastic. It's rare, and I think it's difficult for some people to receive criticism, even from a friend. It can be quite destroying.
This being L.A., I feel compelled to ask you about the song, "Leaving California." Can you talk about that song, Polly?
HARVEY: Well, I'm sure you know I choose to not discuss lyrics, because it seems very unnecessary to me. I think the beauty of a song is how the words completely coexist with the music to create the environment for the listener to make what they will out of it. So I don't choose to talk about that.
I understand. John, can you talk about the music for that song?
PARISH: Yeah. I didn't know what the lyrics were going to be about, but I felt it was a piece of music that was very much more a song than some of the others. Because some of the pieces for this record are really quite abstract explorations and sonic journeys that don't really follow a traditional song template. But that song, for me, is the one that will probably work best if you just sat there and played it with a guitar and sang it. I could imagine it almost as a folk song. There's something really lovely about it. The odd thing was that I really had it as a four/four song for a very long time, and it wasn't quite working for me, and I knew that the chords — there was a real beauty and atmosphere to the chords, but it wasn't really doing what I was hoping it to do. And then on a whim, I just happened to play it in waltz time, and then immediately I thought, "Oh, yeah, of course. This is how this song should exist."
There need to be more waltzes about California, for sure. I actually can't make it all the way through "Pig Will Not" yet. And I like loud, aggressive music, but that song kinda freaks me out.
HARVEY: I can talk a little bit about that song. What I always try to do vocally with what John presents to me musically is to match the environment that that piece of music is inhabiting, and strengthen it more. So I just absorb the feeling of the music that is given me. Obviously, music like "Pig Will Not" and "A Woman a Man Walked By" are very difficult pieces of music, and it took me a long time to find a way in which I could convincingly deliver some sort of narrative that would not only match the music but even enhance it. What I do vocally always has to be absolutely together with the music in that they were made for each other and you cannot separate one from the other. So it took me a long time to find the way to present this piece. And I tried many different ways. I tried singing them. I tried intricate melodies. And none of that was working for me. And I felt what the song needed was to become a savage narrative in order to at all inhabit the world of the music.
PJ Harvey and John Parish perform at the Wiltern on Saturday, June 20.


In order to get a new car into production in the shortest possible time after the takeover of Bentley Motors, Rolls-Royce based the new 3 ½ litre Bentley on the experimental Rolls-Royce 'Peregrine'. It used a similar engine and gearbox to the Rolls-Royce 20/25, although substantial modifications had been made to ensure that the new car had a much more sporting character with outstanding performance to match.
6 cylinders, capacity 3699cc. Separate cast iron block and two-piece aluminium crankcase with detachable cast iron 6-plug head. Overhead pushrod operated valves. 7-bearing crankshaft with vibration damper. Pressure-fed lubrication with relief valve feeding rocker shaft and timing gears.
Engine driven pump and fan. Thermostatically controlled radiator shutters.
Twin SU carburettors with hand-operated choke mounted on water-heated manifold.
18 gallon rear tank with double SU pumps mounted on firewall. Electric gauge.
4-speed gearbox in unit with engine. Synchromesh on 3rd and top. Right hand gearchange. Clutch, single dry plate type. Open drive propeller shaft.
Semi-elliptic leaf springs front and rear. Hydraulic dampers, equipped with Ride-Control from 1934.