Editorial: Arbitration in Georgia

01 April 2007

Kilpatrick Stockton LLP is one of two firms to field more than one arbitrator here. Susan Cahoon is a “formidably skilled lawyer”, skilled in a range of dispute resolution disciplines; she is included in both the commercial arbitration and litigation chapters of this publication. As well as acting as mediator and arbitrator, she currently serves on the Georgia-Alabama complex case panel for the American Arbitration Association (AAA) and as a panellist for the CPR Institute for Dispute Resolution. Co-chairman of the firm Miles Alexander is is described as a “seasoned veteran with vast experience”, serving as mediator, arbitrator and special master in over 50 major disputes, and as a member of the CPR/INTA panel of distinguished neutrals. Particularly well-known for his IP work, he also features in the trademarks chapter and is “undeniably one of the leading experts in Georgia”. The third featured lawyer from Kilpatrick Stockton is the “stellar” Stephens Clay, one of only two lawyers to feature in three chapters. “One of the best and the brightest”, he was praised for his international arbitration practice, serving as arbitrator and counsel in arbitrations in Europe and the US; before the International Chamber of Commerce, where he was recently selected to serve a three year term as US representative; at the London Court of International Arbitration; the Zurich and Stockholm Chambers of Commerce; and the AAA.

McKenna Long & Aldridge LLP has two partners featured in this chapter. Clay Long is a founding partner of the firm and one of the most nominated experts in the research, a “big star” with a “substantial reputation”. The current president of the Georgia Arbitrators Forum, he regularly acts as an arbitrator or mediator in disputes across a range of industries, including real estate, construction, tax, accounting, and financing issues. Long is accompanied in this chapter by Phillip Bradley, a “very fair and accurate practitioner” who “knows the drill”. Particularly recommended for his knowledge of employment related disputes, he is on the AAA’s panel for employment arbitrators.

The research also identifies experts in some of Atlanta’s other leading corporate firms. Hunter Hughes at Rogers & Hardin LLP is known for his labour and employment knowledge and is “very good for both mediation and arbitration”. He is a member of the Georgia Arbitrators Forum and the AAA’s commercial panel. At Powell Goldstein LLP, John Marshall is said to be a “star”. He frequently acts as both arbitrator and mediator, and is a member of the panel of mediators and arbitrators, AAA (commercial panel). Charles Lester at Sutherland Asbill & Brennan LLP is described as “very fair and impartial” – well-known for his construction expertise, and as a past president of the State Bar of Georgia.

John Sherrill chairs Seyfarth Shaw LLP’s alternative dispute resolution group and is said to be “fantastic in all methods of ADR”. He has been a member of the AAA’s panel of arbitrators since 1986, and is also a member of its large complex case programme, as well as the roster of distinguished neutrals of the CPR Institute for Dispute Resolution. Regarded as “superb for construction related disputes”, he also served as a member of the AAA/US Olympic Committee arbitration panels for the 1996, 1998 (Winter), 2000 and 2004 Olympic games. Taylor Tapley Daly at Nelson Mullins Riley & Scarborough LLP is “someone you can rely on – she’s the person I call”, according to one of her peers. Daly is a registered neutral with the Georgia Supreme Court office of dispute resolution and an AAA-certified commercial arbitrator, who served on the AAA Olympic arbitrator’s panel for the Summer Games in Atlanta in 1996, and for the Winter Games in Nagano, Japan in 1998.

John Hinchey at King & Spalding LLP is one of the highest ranking construction lawyers, also “well-known” for arbitration work in this sector – “he covers both fields to the highest standards” according to our sources. He serves on the master panel of the American Arbitration Association and the CPR panel of construction arbitrators for the International Institute for Conflict Prevention and Resolution. Other memberships include the London Court of International Arbitration, the Chartered Institute of Arbitrators and Georgia Arbitrators’ Forum. David Hendrick of Hendrick Phillips Salzman & Flatt PC is another practitioner who “knows construction-related arbitration inside out”. Like Hinchey he appears in both chapters. “One of the giants of the Georgia market”, Hendrick serves on the AAA’s national construction dispute resolution council and the advisory board of its Atlanta regional office.

Outside Atlanta, Robert Glenn of Hunter Maclean Exley & Dunn PC’s Savannah office is “highly respected” – listed on the panels of numerous ADR providers, including AAA, JAMS and Resolute Systems. Described as an “excellent practitioner”, our sources commended this “good, practical neutral” who “deserves a place on any list of the best in the state.” Sidney Smith, of counsel to Alston & Bird LLP, is a “well-known name in this field”. He is recognised locally for his time on the bench, formerly serving as a state trial judge and as United States district judge for the northern district of Georgia, and as its chief judge for six years. He is “profoundly experienced” in arbitration and all methods of ADR, and has conducted proceedings for AAA, CPR, Endispute, Resolution Resources, Judicate and Resolute Systems.

Some of the most acclaimed experts in the state are based outside of the main commercial firms. James Groton is a good example, a “spectacular, thoughtful and insightful arbitrator” – one of the most nominated individuals in the research. A retired partner of Sutherland Asbill & Brennan LLP, he is “practically unbeatable” for architectural and construction matters: “there are few in the US to match the depth of his knowledge,” according to one of our sources. A past president of the American College of Construction Lawyers, he is a member of the construction advisory committee of the International Institute for Conflict Prevention and Resolution and also of the College of Commercial Arbitrators. Groton is a former director of the AAA – a “very eminent and profoundly respected figure”.

Wayne Thorpe, based in the Atlanta office of JAMS, is another high flyer. Formerly a litigation partner at Alston & Bird, he has ADR experience in over 900 cases, handling over 200 cases as an arbitrator, adjudicator, umpire or other decision-maker. He is “everything you could ask for in a neutral”, and has presided over an age discrimination case against a major airline, a dispute between general and sub-contractors on a military aircraft weapons system, a patent validity and infringement case and various construction cases.

William Schroder of Schroder Partners LLC is “widely recognised as a star for both arbitration and mediation”. William Welch of Merritt & Tenney LLP has 17 years’ experience arbitrating complex business disputes, and serves on the AAA’s national large complex case panel, as well as the international, e-commerce and Olympics panels. Since 2000, he has been appointed as arbitrator in 75 commercial cases. Founding president of the Georgia Arbitrator’s Forum, he is a “well-respected and very able neutral”. The final featured arbitration expert in this chapter is the “fantastic” Penn Payne. Described as “absolutely outstanding for employment disputes”, she has in the past two years been appointed as arbitrator in 19 arbitrations, most of which have involved employment issues such as discrimination claims, contract or compensation disputes, and restrictive covenant disputes in a range of industries such as healthcare, insurance and manufacturing.

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