Editorial: Arbitration in California

01 August 2007

California

The individuals featured in this chapter are a mix of sole practitioners and partners from some of the state’s largest firms. In the former category, Charles Renfrew, is said to be “the most prominent arbitrator based in California”. A former US district judge and deputy attorney general of the United States, he is “profoundly eminent”, “well known and highly respected both at home and abroad”. His profile is heightened as he is past president of the American College of Trial Lawyers, and his “rigorous knowledge of all methods of dispute resolution makes him highly sought after”.

Scott Donahey in Silicon Valley is “worldclass for internet, technology and domain name disputes”. A veteran of more than 200 disputes under the Uniform Domain Name Dispute Resolution Act, he has also participated in over 150 commercial arbitrations, often as sole arbitrator, panel chair or co- arbitrator, in a variety of American Arbitration Association (AAA), International Chamber of Commerce (ICC) and CPR Institute for Dispute Resolution disputes. A “certain inclusion on any list of the best”, he has also been involved in a large number of domain name arbitrations in front of the World Intellectual Property Organization, Domain Name Dispute Resolution Centre and many other fora.

We include two JAMS arbitrators. Based in Los Angeles, Richard Chernick is vice president and managing director of JAMS’ arbitration practice and “knows arbitration law better than anyone”. Referred to by one source as “Mr California Arbitration”, his expertise also extends overseas and he is “terrific in both national and international matters”. With experience of hundreds of large arbitrations and mediations before all major institutions at home and abroad, he is “clearly a leader in this field”. From the JAMS office in Santa Monica, Kenneth Gibbs is “hard to better for construction expertise”. Also known for his mediation work, Gibbs has arbitrated more than 150 construction, insurance and surety-related matters, as well as a range of public agency disputes, and is “highly respected” by his peers.

David Caron is C William Maxeiner Distinguished Professor of Law at the University of California at Berkeley, and combines his teaching with arbitration work “of the highest calibre”. A member of the precedent panel of the UN Compensation Commission for claims arising out of the Gulf War, he was also president of the International Centre for Settlement of Investment Disputes (ICSID) tribunal in the matter of Aguas del Tunai v The Republic of Bolivia. An acknowledged expert on UNCITRAL arbitration, he is “one of the finest legal minds I have ever come across”, in the view of one interviewee.

Edward Costello in Santa Monica is a fellow of the College of Commercial Arbitrators and on the AAA’s large complex case panel; a “very fine neutral” in the words of one corporate source. Costello has presided at more than 600 cases as arbitrator, mediator, or private judge, and has experience in construction, employment, IP and banking, among others.

Turning to the expertise in the larger commercial law firms, Charles Ragan at Redgrave Daley Ragan & Wagner LLP has a strong following. The international dimension of his practice was recognised – he has handled arbitrations across the globe, and was recognised for his work in Japan that contributed to foreign lawyers being allowed to serve as trial counsel in local arbitrations. Chair of O’Melveny & Myers LLP’s international arbitration practice Steven Smith is and a “very active presence on the scene”. Known for his commercial and IP dispute work, he is an “outstanding counsel” who was also recognised for his experience as arbitrator in ICC and UNCITRAL proceedings. He is also the chair of the ICC’s arbitration committee for the north-west US and vice chair of the international commercial arbitration committee of the ABA’s section of international law and practice.

Fred Bennett is the “very well known” head of Quinn Emanuel Urquhart Oliver & Hedges LLP’s arbitration practice. Praised as both advocate and arbitrator, in the former guise he has arbitrated over 25 cases to award both at home and abroad, while as the latter he is a member of the AAA’s national board of directors and has presided over numerous international arbitrations for the ICC and domestic arbitrations for the AAA, where he also sits on the ‘Blue Ribbon’ large complex case panel.

Like Bennett and Smith, Cedric Chao also chairs his firm’s arbitration practice. Based in Morrison & Foerster LLP’s San Francisco office, he is a “very fine counsel” with experience under the rules of the ICC, AAA, UNCITRAL and London Court of International Arbitration both in the US and internationally. He is also experienced as an arbitrator, and is on the panels of approved international commercial arbitrators of CIETAC and the Singapore International Arbitration Centre, and has also served as an arbitrator for the ICC. At Cox Castle & Nicholson LLP, George Calkins is a “force in this field”. Predominantly known for his construction related expertise, he has presided at over 150 arbitration and mediation proceedings in this area, including as an arbitrator for the AAA among others.

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