Stephen S. Strick
New York, U.S.A. Office:
366 Madison Avenue, Third Floor
New York, NY 10017
Los Angeles, U.S.A. Office:
1801 Century Park East, Suite 1820
Los Angeles, CA 90067
Arbitration must emphasize absolute fairness, neutrality, due process, and the rule of law, and provide the parties certainty that they enjoy the full opportunity to be heard by an independent arbitrator. Parties must feel confident that they can present their arguments without undue influence, bias, or prejudice in a lawful and procedurally neutral forum.
International/US Arbitration & Mediation Chambers (2001-present)
Dynacs, Inc. (and predecessor companies), General Counsel/CEO of Subsidiary Cerulean Digital (Aerospace and Technology, including Patent Prosecution) (1994-2001)
Art & Commerce, LLC, Senior Vice President and General Counsel (1989-94)
DEG/Dino DeLaurentis Corp., Key Senior Executive (Production, Financing and Distribution of Motion Picture and Television Programming) (1982-89)
Home Box Office, Inc., Business Affairs, Production and Acquisition of Motion Pictures and Television Programming (1980-82)
Loeb & Loeb (Predecessor Firm), Attorney (1977-80)
United Artists Corporation, Attorney (Business Affairs, Production, Financing and Distribution of Theatrical Motion Pictures) (1975-77)
What do you regard as the most important differences between arbitration and litigation in court?
ENFORCABLITY, EFFICIENCY, FLEXIBILITY, ECONOMY.
The great advantage to parties in electing to settle commercial disputes via arbitration, as opposed to litigation, are as follows:
First, the parties are permitted to select the decision maker hearing their dispute, which allows them the freedom to select (a) decision maker(s) who may have certain desirable characteristics, such as subject matter expertise, that might be necessary to fully understand the nuances of the dispute in question, including industry standards and practices.
Second, in selecting arbitration, the parties are afforded the opportunity to construct and tailor the arbitral procedure to best suit the dispute and effect procedural time-saving and monetary economies.
Third, the parties can agree to add on procedures like mediation efforts and/or appellate review by a panel of appellate arbitrators.
What are the most important qualities for a successful arbitrator to have?
Good practical sense, decisiveness, strong listening skills, strong verbal and writing skills, and superior sense of fairness and neutrality; ability to detect unconscious bias and prejudices.
What are the best ways to achieve efficiency in arbitration consistent with fairness to all parties?
First, listen more, speak less.
Second, be prepared. Know the case and submitted materials thoroughly.
Third, hold a Kaplan Opening, where any procedural issues and questions of law and fact are raised before the hearings.
-College of Commercial Arbitrators (Fellow; former member of the CCA Board of Directors, Executive Committee, Chair Membership Task Force, Co-Chair CCA Outreach Diversity Committee, CCA Branding and Image/International Committee), current Chair Membership Committee.
-American Arbitration Association (formerly, member of Commercial Panel of Neutral Arbitrators; currently, member of AAA’s Commercial Panel, Large, Complex Case Panel, Technology Panel, Special Federal Communications Commission Panel, AAA Sports Panel, the AAA Panel of Mediators)
-ICDR International Panel of Arbitrators and Mediators (Member)
-International Institute of Conflict Prevention & Resolution (CPR) Panel of Distinguished Neutrals (Member)
-Independent Film and Television Alliance (IFTA) International Panel of Neutral Arbitrators (Member)
-College of Commercial Arbitrators (CCA) (Member of Board of Directors; Fellow; Co-Chair of Outreach/Diversity Committee)
-Chartered Institute of Arbitrators, New York Branch (Fellow; former Member Executive Committee, Co-Chair Programming Committee)
-SIArb (Fellow)
-International Council for Commercial Arbitration
-Academy of Motion Picture Arts and Sciences (Voting Member-Executive Branch)
-The Bar Association of the City of New York
-American Bar Association (ADR Section)
-State Bar of California (Associate-Litigation Section)
-ICC/U.S. Council for International Business
AAA
ICDR
CPR
FedArb
ICC
LCIA
Served as a neutral on numerous arbitration cases since 1982. Member of the ICDR International Panel of Arbitrators and Mediators, AAA’s Commercial, Large/Complex Case, FCC and Mediation Panels, International Institute of Conflict Prevention & Resolution (CPR) Panels of Distinguished Neutrals, Member – International Council for Commercial Arbitration, Independent Film & Television Alliance International Panel of Neutral Arbitrators, and National Academy of Distinguished Neutrals.
Speaking Engagements
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Judge - Vis Moot Competition Vienna, 2018-2019.
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Judge – Vis Moot Competition Hong Kong, 2017.
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Faculty Member, University of Southern California Gould School of Law, Advanced Arbitration Academy, Judge Judith O. Hollinger Program in Alternative Dispute Resolution, 2016.
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Guest Speaker – Practicing Law Institute, 2016.
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Guest Lecturer/Faculty, Stanford Law School, 2015.
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Judge/Arbitrator in the Annual ICDR Practice Moot Competition Programs.
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CCA Diversity Panel Discussion Moderator – CCA Annual Meeting.
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Media and Entertainment Panel Moderator, College of Commercial Arbitrators 2014 Annual Meeting.