Background - Practices (Details)


Increasingly clients are looking for quicker, cheaper, and more flexible ways to resolve their commercial disputes than the traditional courtroom setting provides. Arbitration and other ADR methods can offer those advantages. Crowell & Moring LLP has broad experience arbitrating disputes on behalf of clients, counseling clients on ADR methods and procedures, assisting clients with arbitrator selection, and serving as arbitrators and mediators. Successful arbitration requires experience and special skills, and Crowell & Moring has them.

ADR Litigation

We have represented numerous clients in arbitration proceedings ranging from large multi-million dollar contract disputes to smaller broker-dealer disputes. Our work is both national and international in scope, and covers most of our practice areas, including securities, commercial contracts, labor and employment, data rights, biotechnology, and telecommunications among others. We have practiced before self-regulatory organizations like the NYSE and NASD, before panels sponsored by and utilizing procedural rules issued by ADR organizations such as AAA, JAMS/Endispute, and the CPR Institute for Dispute Resolution, before the International Court of Arbitration, and in more informal arbitrations set up by the parties themselves. On our Highlights page, you will find examples of our ADR experience.

ADR Counseling

Unlike court procedures, arbitration usually gives the parties substantial freedom to define the rules of engagement, both before a dispute arises and often during the dispute itself. Establishing parameters and procedures for arbitration that serve our clients' interests is a critical part of our expertise. We counsel our clients on the full gamut of ground rules issues, from drafting arbitration provisions in contracts to selecting arbitrators to negotiating the finer details of arbitration procedure on the eve of or during arbitration proceedings. There are a variety of well-established arbitration procedures that can be adapted to the needs of individual clients. But given the flexibility of ADR, we pride ourselves on helping clients think through non-traditional methods that may improve their chances of success or better address their particular concerns. A number of our clients have multiple arbitrations on similar issues pending simultaneously around the country and the world. Our experience in national and regional coordination for clients in litigation matters can be equally valuable for arbitrations.

ADR Judges

Selection of arbitrators, just like selection of juries, can be among the most significant decisions that a client must make in an arbitration. We regularly help our clients to analyze the type of arbitrators they should select, develop lists of potential arbitrators, conduct background checks regarding potential arbitrators, and review arbitrator qualifications with their clients. Given the breadth of our attorneys' arbitration and litigation experience, companies and counsel also have turned to us to serve as arbitrators and mediators, especially in complex commercial disputes.