CCA Arbitration Talk

In Part 2, host Rich Silberberg once again welcomes Jeff Zaino, Vice President of the American Arbitration Association's Commercial Division, and Virginia Corvey, Director of Operations at JAMS, to dive deeper into user feedback regarding arbitrator performance and its impact upon best practices in commercial arbitration.

Building on the discussion in Part 1, this episode explores user feedback about arbitrators' handling of specific case management issues and lessons learned, including:

• The rise of pre-selection arbitrator interviews and video introductions—and why parties and arbitrators value them
• The critical importance of conflict disclosures and why "disclose early and often" is the golden rule
• Balancing muscular case management with respect for party autonomy and the fact that arbitration is the parties' process
• Best practices for chairing three-member tribunals and managing intra-tribunal dynamics, including setting expectations and handling pre-hearing discovery
• The evolving landscape of remote and hybrid hearings post-COVID—and how technology is reshaping arbitration logistics
• Commonly expressed concerns about arbitrator billing practices and recommendations for ensuring transparency, fairness, and user confidence

Whether you're a neutral, advocate, or arbitration user, this episode offers practical insights into how userfeedback drives improvements in case management.

🔗 Learn more about the College of Commercial Arbitrators and access resources at www.ccarbitrators.org.

In this episode of CCA Arbitration Talk, host Rich Silberberg sits down with Jeff Zaino, Vice President of the American Arbitration Association's Commercial Division, and Virginia Corvey, Director of Operations at JAMS, for a candid conversation about what arbitration users truly value—and what they don't—regarding arbitrator performance.

Drawing on decades of experience and direct client feedback, Jeff and Virginia share insights on:

• How AAA and JAMS collect and use survey data from arbitration parties and counsel
• Other information collected by AAA and JAMS from arbitration users concerning arbitrator performance
• The ongoing debate regarding when to collect feedback from arbitration users—before or after the award
• Common frustrations expressed by arbitration users, including overly "muscular" case management and arbitrator billing practices
• Why arbitration user feedback is essential for arbitrator training, best practices, and process improvements
• How and why arbitrators should seek feedback from administering institutions concerning their performance

Whether you're an arbitrator, advocate, or simply curious about the evolving world of ADR, this episode provides practical takeaways about how user feedback is shaping the future of commercial arbitration.

🔗 For more resources from the College of Commercial Arbitrators—or to find an arbitrator—visit www.ccarbitrators.org.

In this special on-the-road episode of CCA Arbitration Talk, recorded at the American Arbitration Association Neutrals Conference in Dallas, Texas, host Rich Silberberg explores a timely and vital topic: diversity on arbitration panels.

Joining him are two distinguished guests:

• Hon. Shira Scheindlin, former U.S. District Judge and now full-time arbitrator and mediator
• L. Tyrone Holt, nationally recognized arbitrator, CCA Past President and leader of CCA Associates Mentorship Program

Together, they tackle pressing questions, including:

• What does "diversity" mean in the context of selecting arbitrators?
• Why do diverse arbitration panels matter to parties, arbitral institutions, and the credibility of the process?
• How do unconscious bias and entrenched perceptions influence arbitrator selection?
• What can arbitral institutions, experienced arbitrators, and law firms do to create more inclusive arbitration panels?
• How is the CCA mentoring initiative helping to grow a more diverse generation of arbitrators?

Our distinguished guests also share personal reflections on their journeys into ADR and offer valuable advice for aspiring arbitrators—especially those from historically underrepresented backgrounds.

Whether you are a legal professional, ADR user, or advocate for inclusion in the legal field, this candid and inspiring conversation will inform and challenge your thinking about the future of arbitration.

📌 Mentioned in This Episode:

• College of Commercial Arbitrators: www.ccarbitrators.org
• CCA Guide to Best Practices for Commercial Arbitrators
• CCA Associates Mentorship Program

📢 Subscribe to CCA Arbitration Talk wherever you get your podcasts and join us for more conversations that will shape the future of commercial arbitration.

In this episode of CCA Arbitration Talk, recorded live at the American Arbitration Association's Biannual Neutrals Conference in Dallas, host Rich Silberberg is joined by CCA Fellow John Burritt ("Mac") McArthur — experienced commercial arbitrator and author of The Reasoned Arbitration Award in the United States: Its Purposes, Preparation, Problems, and Preservation (Juris, 2022).

Mr. McArthur shares insights from his extensive career as both advocate and arbitrator, discussing the evolving expectations surrounding reasoned awards and offering practical guidance on drafting awards that meet the needs of the parties while standing up to judicial scrutiny. Topics include:

• The historical development and significance of reasoned awards;
• Judicial standards of review of reasoned awards;
• Common pitfalls in drafting reasoned awards and how to avoid them;
• Best practices for creating clear, persuasive, and enforceable reasoned awards.

This conversation provides valuable strategies for arbitrators and advocates seeking to strengthen the legitimacy and durability of arbitration awards.

For more information about John Burritt McArthur's work, or to purchase The Reasoned Arbitration Award in the United States at a discount, please click https://arbitrationlaw.com/books/reasoned-arbitration-award-united-states-its-promise-problems-preparation-and-preservation and enter "CCA" for a special 20% discount being extended exclusively to our listeners.

Subscribe to CCA Arbitration Talk to hear future conversations with leading voices in commercial arbitration.

In this episode of CCA Arbitration Talk, we look ahead to a pivotal moment in the evolution of commercial arbitration: Summit II, hosted by the College of Commercial Arbitrators (CCA) on June 5, 2025, in Washington, D.C. The event marks the 100th anniversary of the Federal Arbitration Act (FAA) and brings together key stakeholders in the arbitration community to reflect, reimagine, and update commercial arbitration protocols for the next century.

CCA Arbitration Talk host Rich Silberberg is joined by two prominent voices in the field:

• Dana Welch, President of the CCA with over two decades of experience as a commercial arbitrator.
• John Barkett, Partner at Shook, Hardy & Bacon, a member of the CCA Board and an experienced commercial arbitrator, who has helped lead the development of Summit II.

Together, they explore:

• The origins and impact of Summit I and the CCA Protocols for Expeditious, Cost-Effective Arbitration.
• How the protocols have stood the test of time—and where they need updates.
• The profound changes in arbitration over the past 15 years, including the advent of remote hearings, AI tools for parties and arbitrators, and mass arbitrations.
• The goals of Summit II: innovation and a fresh commitment to making arbitration frugal, fast, fair, and future-ready.

They also walk through the agenda for Summit II, including panel topics, academic contributions, and a look to the future of the FAA.

📍 Interested in attending? Visit the registration page.

🎟️ In-house counsel can register for free! Contact John Barkett at [email protected] for a discount code.

🔗 Links mentioned in this episode:

• Summit II Registration
• CCA Website

What happens when an award of an Olympic medal decision is overturned? In this gripping episode of Arbitration Talk, CAS arbitrators Jim Carter and Kristen Thorsness join host Rich Silberberg to unpack the most highly disputed medal award of the Paris 2024 Olympics.

A protest over scoring in the women's gymnastics floor exercise event final led to a shocking series of reversals, leaving three athletes in limbo and setting the stage for a controversial ruling by the Court of Arbitration for Sport (CAS) followed by a now-pending appeal to the Swiss Supreme Court. Tune in as we break down the legal drama, the role of CAS in the resolution of disputes arising at the Olympic Games, and what might happen next in the resolution of this high-stakes dispute.

Links mentioned in this episode:

www.tas-cas.org

For more CCA resources, please follow the CCA on LinkedIn and visit CCArbitrators.org.

Are you familiar with the use of tainted burrito and kissing defenses to potentially disqualifying doping charges? Or the shattering of an Olympic athlete's dreams by a paperwork error? In this episode, CAS arbitrators Jim Carter and Kristen Thorsness and dive deep into real cases they have heard, decided, and followed over the years—some that made headlines, and others that were no less heart breaking that remained in the shadows. Whether arising on site at thethe Olympic Games or during the off-season , we uncover the high-stakes world of dispute resolution in the international sports arena, where careers, reputations, and gold medals are on the line. Tune in for a behind-the-scenes look at the legal intricacies that have shaped the world of international athletics!

Links mentioned in this episode:

www.tas-cas.org

For more CCA resources, please follow the CCA on LinkedIn and visit CCArbitrators.org.

Welcome to CCA Arbitration Talk – the podcast of the College of Commercial Arbitrators (CCA), the pre-eminent professional organization in the field of commercial arbitration. This podcast series explores the world of commercial arbitration, including its advantages, challenges, and impact upon today's legal landscape.

What happens when a high-stakes dispute arises in international athletic events? Enter the Court of Arbitration for Sport (CAS)—the ultimate decision-maker in global athletics. In this inaugural episode of Arbitration Talk, host Rich Silberberg sits down with internationally-renowned arbitrator and CAS panelist Jim Carter, along with Olympic gold medalist and CAS arbitrator Kristen Thorsness to trace CAS's role from its origins in the 1980s to the pivotal role that it plays today in the real-time resolution of disputes in the international sports arena. This episode pulls back the curtain on the "Supreme Court of World Sports." Tune in for an insightful discussion of the fascinating cases that shape the world of international athletics!

Links mentioned in this episode:

www.tas-cas.org

For more CCA resources, please follow the CCA on LinkedIn and visit CCArbitrators.org.