Arbitration Services

CPR's Arbitration Services

CPR Dispute Resolution's arbitration rules offer parties to a business dispute a variety of options including domestic, international, administered, non-administered, expedited, and appellate rules, as well as industry-specific rules in employment, construction, and patent and trade secrets.  

To request any of these services, parties may file a case with CPR.

Administered Arbitration: Choosing administered arbitration under CPR’s rules allows the parties to avail themselves of CPR’s high quality multilingual staff and resources and obtain assistance with arbitrator selection, resolution of challenges to arbitrators, timeliness and review of awards, mediation queries and other key aspects of the arbitral process.  

• Parties can choose from CPR’s various Arbitration Rules, including our Domestic, International, and Specialty Area Rules.
  
• To utilize CPR’s Administered Arbitration Services, parties should include an ADR Clause in their contract (view CPR Model Clauses) or can file a Submission Agreement. 

Employment Arbitration: CPR’s Administered Employment Rules reflect the need for efficient and effective resolution while ensuring that vital due process concerns remain protected. Our rules, protocols, and model clauses reflect the collaboration of counsel from the plaintiff’s bar, in-house employment counsel, corporate defense attorneys, and neutrals.  For more information and how to file, visit the Employment Disputes page.

Interim Measures / Emergency Arbitrator: Prior to the constitution of the Tribunal, any party may request that interim measures be granted under the CPR Rules (both Administered and Non-Administered). Interim measures include measures for the preservation of assets, the conservation of goods or the sale of perishable goods. 

Appellate Arbitration Procedure: When parties wish to be able to appeal from arbitration awards (which are otherwise final and binding) to a tribunal of outstanding appellate arbitrators, they can use CPR’s Arbitration Appeal Procedure. The Procedure may be invoked whether or not the original arbitration was conducted under CPR Rules. 

• More information regarding CPR’s Arbitration Appeal Procedure

• CPR’s Arbitration Appeal Procedure, together with Commentary

Non-Administered Arbitration: Where administration is not required or desired for resolution, CPR remains available to assist parties with essential case management needs.  CPR offers assistance with the most critical element in your proceeding – the challenge of selecting the best neutral with the right set of skills – as well as other needs such as determining challenges, fundholding. Choosing the wrong neutral can adversely affect the outcome of the dispute which, in turn, can have a long-term impact on business relationships and the bottom line.  Because of this, CPR recommends parties using the Non-Administered Arbitration Rules utilize CPR appointing services and the other a la carte services we offer. 

• Appointing Services offered in conjunction with Non-Administered Arbitration
  
• A la carte services for parties using Non-Administered Arbitration 

CPR’s Arbitrator Selection Process 

CPR has a unique process for neutral selections, allowing parties to make informed decisions when appointing candidates.  When creating a slate of neutrals for the parties to select from CPR uses a Vetting & Selection process wherein CPR screens neutrals for rates, disclosures, and availability upfront and Parties can request more information regarding expertise be included in this information.  Additionally, it typically only takes 2-4 weeks for the Tribunal to be appointed from the time of filing but can be expedited. The Vetting & Selection Process is described below. 

CPR’s Screened Selection Process is the default method of appointment for a tribunal of 3 arbitrators, where parties have not agreed otherwise. Unique among arbitration rules, this GAR award-winning process enhances the objectivity and integrity of the arbitration proceeding while preserving the ability of the parties to designate their arbitrators. 

Party-appointed candidates are submitted to CPR in a blind appointment process, and CPR acts a “screen,” enabling the parties to appoint the arbitrators without the arbitrators knowing which party appointed which arbitrator.  The screen thus aims to ensure objectivity and eliminate the risk of arbitrator bias in favor of the appointing party, while preserving the parties’ ability to select the decision-makers. 

CPR’s Vetting & Selection Process  

For those parties who request a Vetted List of Neutrals or Screened Arbitrator Selection, CPR uses the following vetting and selection process: 

Profiling	DRS works with counsel for parties to develop a detailed profile of the qualifications and experience of the Neutrals needed. This due diligence also includes a discussion of the complexity and issues involved in the dispute and the potential for resolution. At this time, parties agree on a venue and a time period for hearing the matter (if not already confirmed). Parties can also agree on special queries to be made to the candidates.
Identification	DRS searches its database, including a thorough review of the Neutrals’ substantive and procedural qualifications, to identify Neutrals who best meet the parties’ desired requirements. DRS strives to ensure that at least 30% of the candidates on a slate are diverse (women, persons of color, members of the LGBTQ community, persons living with disabilities, or other under-represented groups).
Query	DRS prepares a list of potential Neutrals and queries them to determine their availability and willingness to serve, as well as to identify any potential conflicts. Any special queries are made at this time.
Nomination	Based on the responses received to its neutrals query, DRS provides parties with a list of candidates who are conflict-free and available for the hearing calendar window that the parties prefer. The list is submitted together with biographical information, hourly rates, any disclosures, and responses to special queries.
Ranking	Absent party agreement to a different process, if parties are unable to agree on a Neutral from the list, they rank their preferences, and DRS selects the nominee with the highest combined ranking.
Selection	DRS notifies the selected panelist, who contacts counsel directly to begin the dispute resolution process. The Neutral assumes responsibility for both directing and administering the ADR proceedings.
Assistance	DRS remains available to address later arising challenges.