Books & Dissertation:

  • Co-editor, COLLEGE OF COMMERCIAL ARBITRATORS, GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION (5th ed. forthcoming spring 2025).
  • With Mark Travis, Chapter 25, "Reforming Judicial Review to Permit Bargained-For and Fast-Track Judicial Review," in THE FEDERAL ARBITRATION ACT: SUCCESSES, FAILURES, AND A ROADMAP FOR REFORM (Richard Bales and Jill Gross, eds. Forthcoming spring 2025).
  • THE REASONED ARBITRATION AWARD IN THE UNITED STATES: ITS PURPOSES, PREPARATION, PROBLEMS, AND PRESERVATION (Juris Publications October 2022).
  • Co-author, Chapter 12, Awards and Substantive Interlocutory Arbitral Decisions, in COLLEGE OF COMMERCIAL ARBITRATORS, GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION (4th ed. 2017).
  • OIL AND GAS IMPLIED COVENANTS FOR THE TWENTY-FIRST CENTURY: THE NEXT STEP IN EVOLUTION (Juris Publications 2014).
  • THE GREAT DEPRESSION AND THE LIMITS OF MARKET-BASED POLICY (Dissertation, University of California at Berkeley, Spring 2003).


Selected Publications & Presentations:

2025:



  • "Best Practices for Drafting Reasoned Arbitration Awards: A Conversation with John Burritt McArthur," CCA Arbitration talk podcast, interview by Rich Silberberg (March 2025)
  • "Restoring Party-Choice of Judicial Review and Smoothing Challenges with Fast-Track Review," presented at June 5, 2025 Conference on FAA at Washington College of Law, American University, Washington, D.C.

2024:



  • "Awards, Reasons, and Remedies: More Difficult than They Seem?," presented at ITA-IEL-ICC 12th Joint Conference on International Energy Arbitration, Houston, TX (Jan. 18-19, 2024).
  • "The Importance of a Well-Drafted Arbitration Award: What You Need to Know as an Arbitrator and Advocate," Phone Interview by Jeff Zaino, Senior Vice President, American Arbitration Association, for podcast to Business Law Section, American Bar Association (June 26, 2024).
  • "Unsettled Issues in Modern Domestic Arbitration, and a Few Tips," presented at Louisiana State Bar Arbitration-Mediation Program, New Orleans, LA (Dec. 12, 2024).

2023:



  • "More on Why You Should Consider Serving as a FINRA Arbitrator," 41 Alternatives 1 (Vol. 1)(January 2023).
  • "The Rule of Law and Reasoned Awards in Arbitration," presented by Zoom on CCA Webinar (Mar. 15, 2023).
  • "Why Courts Vacate Awards – And How to Prevent It," Presented at AAA/ICDR 2023 Panel Conference, Rancho Mirage, CA (Mar. 24-25, 2023).
  • "Is There More to Drafting a Reasoned Award than You Think?," presented at CIARB North American Branch Meeting, Santa Fe, N.M. (Apr. 15, 2023).
  • "Savvy Arbitration Advocacy: Making Arbitration Work for You," with Lawrence Mills, Zoom presentation for California Lawyers' Association (Apr. 26, 2023).
  • "Reasoned Awards and the Rule of Law," presented to LA ADR Study Group (Apr. 26, 2023).
  • "Your Right to a Reasoned Award and Its Significance," Presenter and Moderator (with Dana Welch and Gary McGowan), at ABA, Section of Dispute Resolution, Las Vegas, NV (May 11, 2023).
  • "Two Views of Arbitrators' Injecting their Own Views into an Arbitration," presentation to LA ADR Study Group (Oct. 24, 2023).
  • "Is there More to Drafting a Reasoned Award than You Think?," presented for at AAA roundtable for Louisiana/Mississippi (Nov. 22, 2023), AAA roundtable for Texas (Houston) (Dec. 6, 2023).
  • "Two Views of Arbitrators' Injecting Their Own Views into an Arbitration," presented at JAMS San Francisco, CA (Dec. 7, 2023).

2022:



  • "Ten Reasons for Serving as a FINRA Arbitrator, Part 1 of 2," 40 Alternatives 171 (vol. 11)(Dec. 2022).

2021:



  • "Delivering a Quality Award: Problems Posed by Reasons," presented by Zoom for Denver Interstate Group (Feb. 19, 2021).
  • "What Every Lawyer Needs to Know about Arbitration: A Conversation with Experts, Part I," Panelist, with Moderator and Panelists Cedric Chao, and Natalie Anderson and Eric Tuchmann, presented by Zoom in Litigation Counsel of America Webinar (Mar. 18, 2021).
  • "Drafting a Truly Reasoned Award, and the Vacatur Risk of Conclusory 'Reasoned' Awards," presented to LA ADR Study Group (Sept. 28, 2021).

2020:



  • With Allison Snyder, "How to Protect Your Right to a Reasoned Construction Award, When That is What You Want," 16 Construction L.J. 7 (Summer 2020).
  • "Tribunals, Providers, and Courts Must Help Protect Reasoned Awards," 38 Alternatives 56 (Apr. 2020).
  • "Parties Usually Benefit Most from Reasoned Awards, Not Standard Awards," 38 Alternatives 44 (Mar. 2020).
  • "Parties, Beware: Current Practices and Judicial Standards Threaten Your Right to Truly Reasoned Awards," 38 Alternatives 19 (Feb. 2020).

2019:



  • With Allison Snyder, "The Second Circuit Needs to Break Precedent to Protect Reasoned Arbitration Awards," 12 N.Y.S. Disp. Resol. Lawyer 16 (2019).
  • "The Arbitration Award: Delivering a Quality Decision," presented at AAA/ICDR 2019 Panel Conference, Nashville, Tenn. (Mar. 8-9, 2019).
  • "The Reasoned Arbitration Award: Traps, Trends, Tricks, and Tribulations," with Richard Chernick, presented at JAMS San Francisco office, CA (May 7, 2019).
  • "Traps, Trends, Tricks, and Tribulations of Award Writing Part 2: The Law's Boundaries, and Avoiding Vacatur," with Richard Chernick, presented at JAMS San Francisco office, CA (July 9, 2019).
  • "Practicum – Writing a Clear and Effective Award – Plenary Session," Moderator, with Professors Cheryl Berg and Lucinda Sikes, CCA Fall Meeting, San Francisco, CA (Oct. 3-5, 2019).
  • "The Unexpected Challenges of Writing Reasoned Awards," presented with at JAMS Boston office, MA (Dec. 3, 2019).

2018:



  • "Mineral Implied Covenants: Why Royalty Owners Still Should Care About Them," presented at National Association of Royalty Owners (NARO) Annual Convention, Denver, CO (October 19, 2018).
  • "Real-World Questions about Awards and Arbitrator Decisionmaking: A Modest Problem Set," presented at AAA Roundtable, San Francisco, CA (June 6, 2018).
  • "Ten Practices to Embrace, Ten to Shun, When Writing Awards" and "Award and Post-Award Issues" [moderator, with Karen Evans and Francisco Rodriguez], both presented at ABA Arbitrator Training Institute, Miami, FL (May 17-18, 2018).
  • "Putting Arbitration in Your Trial Toolbox: How to Stop Worrying About the Panel Hearing and Learn to Love It Instead," presented at Litigation Counsel of America Renaissance Symposium XIII, San Francisco, CA (April 20, 2018).

2017:



  • "The Tom Brady Award and the Merit of Reasoned Awards," 8 Harvard J. of Sports and Entertainment Law, no. 2 (2017).
  • "How the Texas Supreme Court Lost its Position as a Leading Oil and Gas Royalty Court: A Tale of 18 Cases," 49 Texas. Tech. L. Rev. 1 (2017).
  • "Reasoned Awards: Why the Fuss? Why the Confusion?" presented at AAA Roundtable, San Francisco, CA (Feb. 8, 2017).

2015:



  • "American Oil and Gas Implied Covenants and their Functions: 'As Much A Part of the Contract – Is As Effectually One of Its Terms – As If Had Been Plainly Expressed,'" 2015 Rocky Mountain Min. Law Found. ¶ 29.01 (2015).
  • "Some Advice About Bice, North Dakota's Marketable-Product Decision," 90 North Dakota L. Rev. 545 (2015).
  • "Arbitrator Use and Misuse of Experts," presented at AAA Roundtable, San Francisco, CA. (Nov. 11, 2015).
  • With Glen Ashworth, Dick Watt, "Arbitration: The Underused Alternative for Oil and Gas Disputes," Texas Lawyer (June 17, 2015), reproduced at https://www.jamsadr.com/publications/2015/arbitration-the-underused-alternative-for-oil-and-gas-disputes.

2014:



  • "Mineral Implied Covenants: Why Royalty Owners Should Care About Them," presented at National Association of Royalty Owners (NARO) Annual Convention, Santa Fe, N. M. (October 2014).
  • "Stewarding Public Oil, Gas, and Hard Minerals: The Express and Implied Development Rights that Protect Public Resources," 9 Texas J. Oil, Gas & Energy Laws 215.

2013:



  • "Twenty-Five Years On: Arbitration Sails Onward Over the Supportive Sea of International Commerce," 7 World Arb. & Med. Rev., No. 2.
  • Co-presenter: "Trying the Expert Case," presented at Litigation Counsel of America Fall Conference, The Greenbrier, West Virginia (Oct. 17, 2013).

2011:



  • "Growing Pains: Building American Arbitration's Legitimacy Through Everyday Arbitral Decisions, 5 World Arb. & Med. Rev. 57 (2011).

2010:



  • "Do Arbitrators Know Something that Judges Don't?," 94 Judicature 107 (2010).
  • "The private oilfield lease: The implied covenants that have fostered oil and gas development in the U.S.," Newsletter of the International Bar Association, Legal Practice Division (Oct. 2010).

2009:



  • "Draft to Make Arbitrators Follow the Law," The Recorder (Dec. 18, 2009).

2008:



  • "The Legacy of the City of Hope," The Recorder (June 3, 2008).

2005:



  • "The Restatement (First) of the Oilfield Operator's Fiduciary Duty," 45 Nat. Res. J. 587 (2005).

2000:



  • "Lessons for Judges from the Civil Justice Reform Act," 83 Judicature 222 (2000).

1999:



  • "Interbranch Politics and the Judicial Resistance to Federal Civil Justice Reform," 33 University of San Francisco Law Review 1 (1999).
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