On-Demand: August 23, 2023
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Discover the world of arbitration in this comprehensive webinar. Explore contract interpretation, the process of filing claims, preliminary hearings, and best practices for presenting evidence. Learn about award types, confirming and enforcing awards, recent case law, and the importance of understanding the Federal Arbitration Act. Whether you're an attorney, arbitrator, or interested in dispute resolution, join us for valuable insights.
This course is co-sponsored with myLawCLE.
Key topics to be discussed:
Date / Time: August 23, 2023
Closed-captioning available
Ronald C. Dresnick | Kluger Kaplan
Attorney, Judge, Arbitrator, Mediator, Educator, Consultant
March 1996 through December 2014 – Circuit Court Judge Miami Dade County, Florida. Assigned the majority of the 18+ years on the Circuit Court Bench to the General Jurisdiction Division trying civil cases including among others: breach of contract, construction, medical malpractice, legal malpractice, commercial and residential mortgage foreclosures, corporate dissolutions, etc.
1971 through 1996 – Practice of law including: criminal, commercial, aviation matters, etc. 2015-present: active litigation practice including probate, construction, complex commercial and business matters, expert witness on attorney’s fees and Florida law, litigation consultation including motion practice, mock trial and jury selection.
Commercial Experience
Adjudicated contract disputes, purchase and sale agreements, corporate derivative actions, corporate and partnership dissolution, business terminations, joint ventures, real estate transactions, multi-party investment agreements, first- and third-party insurance claims, subrogation, indemnification, claims for accounting, commercial foreclosures, fraud, civil theft, fraudulent transactions, fraudulent misrepresentation, negligent misrepresentation, breach of manufacturing and distribution agreements, claims relating to purchase and sale of airplanes, boats, franchises, businesses, buildings, hotels, condominiums (entire projects and individual units) manufacturing equipment; secured transactions, leases, and complex multiparty business dissolutions.
Construction Experience
Adjudicated a $44Milllion claim involving Port of Miami channel dredging; disputes related to construction of facilities at the Miami Dade County Airport, personal injury claim related to escalator construction at the Miami Dade County Airport; fire damage claims, hurricane damage claims, flood claims, mold claims, claims related to highway and road construction, paving and drainage; cable installation; code compliance, framing, drywall, stucco, plastering, roofing, painting, plumbing, air-conditioning, elevator installation; insurance claims, performance and surety bond claims, subrogation, indemnity; construction defects and delay. Adjudicated contractual disputes involving change orders, claims of fraud, fraud in the inducement, lost profits, breach, specific performance, liquidated damages, punitive damages, special damages, consequential damages, and attorney’s fees.
Teaching
Alternative Dispute Resolution Experience
2015 – Present: Appointed to preside over numerous arbitrations as a panel member for the AAA-ICDR; Commercial panel; and Employment panel. Experienced in banking, financial services & foreclosure matters, commercial & contractual matters. Regularly serve as a mediator in both federal and state court cases.
Recent Publications & Speaking Engagements
Frequent lecturer for Dade County Bar Association and the Inns Of Court on evidence, foreclosure law, and trial skills. In 2022 co produced an in-person CLE program in Miami to which 7,000 judges and attorneys from throughout the state applied to attend.
Angela Romero-Valedón | American Arbitration Association
Angela Romero-Valedón, Esq. joined the American Arbitration Association in 2016 as Director of ADR Services. She has been the Commercial Vice President of the Miami Regional office since November 2022. Overseeing the Florida, Puerto Rico and the US Virgin Islands’ commercial arbitration matters and mediations, she is also responsible for regional outreach and advancing the use of ADR services. She is a Florida licensed attorney and Florida Supreme Court certified circuit court mediator.
Jay G. Safer | Dunnington Bartholow & Miller LLP
Jay Safer is a litigation, arbitration, mediation, international, and corporate group partner with the New York City law firm Dunnington Bartholow & Miller LLP.
He is an Attorney, Arbitrator, Consultant, and Educator.
Jay has extensive experience as a litigator, single and panel arbitrator including as Chair, and representing clients. He has managed and handled complex U.S. and International litigation, arbitration, and mediation on a wide range of disputes, cases, and consultation. including: complex commercial and business matters, court hearings on jurisdiction and compelling and opposing arbitration, application of the New York Convention and Federal Arbitration Act to enforce and confirm international arbitration awards, enforcement of U.S. arbitration awards, enforcement of foreign judgments, contract claims and breach of contract, mergers and acquisitions, sale and purchase claims, supplier purchaser disputes, franchise disagreements, antitrust, securities, broker dealer relationships, corporate investigations, forgery, fraud, RICO, qui tam, FCPA, labor and employment including termination, banking and financial transactions, lender and borrower defaults and liability, corporate governance, technology, privacy, insurance, construction, real estate, media, defamation, product liability, health care, professional malpractice, ethics, telecommunications, energy, environment, breach of fiduciary duty, partnership, shareholders, entertainment, privacy, trade secrets litigation and protection, trusts and estates, corporate governance, constitutional and regulatory issues, and class actions. As an arbitrator, he is on the Roster of Neutrals for the AAA and ICDR.
He has represented United States and foreign clients in litigation and arbitration in the U.S. and abroad, including a foreign government and involving application of U.S. and foreign law.
He has served as a Lecturer at Law and Adjunct Professor at Columbia University Law School and Fordham Law School teaching American Litigation Practice and Management of Litigation for the International Lawyer, including arbitration and mediation to foreign lawyers seeking their LLM.
He has many years of speaking engagements on many subjects related to litigation, arbitration, and mediation. He has presented programs with judges, arbitrators, and attorneys on international and U.S. litigation, arbitration, ADR and trial and evidentiary issues at worldwide conferences, webinars, and court and bar association programs. He has taught international arbitration to CIArb Fellow applicants. He has authored and contributed to articles and publications on litigation and arbitration.
I. The Contract. Arbitration provisions are contractual in nature, the construction of these provisions and the contracts in which they appear are matters of contract interpretation. See Seifert v. U. S. Home Corp., 750 So. 2d 633, 636 (Fla. 1999). “[T]he determination of whether an arbitration clause requires arbitration of a particular dispute necessarily ‘rests on the intent of the parties.’” Id. at 637 (citation omitted). “[T]he meaning of language is a factual question [;] the general rule is that interpretation of a document is a question of law rather than of fact.” Peacock Construction v. Modern Air-Conditioning Inc., 353 So. 2d 840, 842 (Fla. 1977). “If an issue of contract interpretation concerns the intention of parties, that intention may be determined from the written contract, as a matter of law, when the nature of the transaction lends itself to judicial interpretation.” Id.; see also Royal Continental Hotels v. Broward Vending Inc., 404 So. 2d 782, 783-84 (Fla. 4th DCA 1981). Thus, it is the contract and the terms of the contract which will control the arbitration, the scope of the arbitration and the arbitrability of various claims. For that reason it is important at the drafting stage of the contract between the parties for the drafting attorney to be aware of his/her clients’ needs. The AAA has developed an online tool “clause builder” which assists attorneys in the drafting of specific arbitration clauses. It allows for copying and pasting specific clauses into their contracts including among others | 1:00pm – 1:15pm
II. Getting to arbitration | 1:15pm – 1:30pm
III. Preliminary hearing | 1:30pm – 1:45pm
IV. Evidentiary Hearing | 1:45pm – 2:00pm
Break | 2:00pm – 2:10pm
V. Post-Hearing & Award | 2:10pm – 2:20pm
VI. Confirming, Enforcing and Vacating an Award. Arbitrations are designed to provide expediency and economy to the resolution of disputes. Arbitrations are not litigation in the classic definition, and as discussed above they are controlled by the intent of the parties which included arbitration as the means to resolve a dispute concerning the contract. When done properly and arbitration can save disputing parties substantial time and money. The United States Arbitration Act (Federal Arbitration Act or FAA) 9 USC ch. 1 applies in both federal and state courts and provides for contract based compulsory and binding arbitration. The act provides for an award as opposed to a judgment. In order to be enforceable, the award must be confirmed by a court by the entry of a judgment. An award is subject to vacatur (FAA, 9 U.S.C.§10(a)) if | 2:20pm – 2:30pm
VII. Recent Case Law | 2:30pm – 2:40pm