Matthew H. Adler, partner and chair of the International Arbitration and Domestic Arbitration Group at Pepper Hamilton, authored a new book entitled “Arbitration: Cases, Problems and Materials” published by Carolina Academic Press on September 8, 2017. Adler, who also co-chairs the firm’s Commercial Litigation Practice Group, currently teaches a course on arbitration at the University of Virginia Law School, and previously taught at Rutgers Camden School of Law.
“The book grows out of a combination of my teaching and practice experience,” said Adler. “When I designed this book, I looked at the existing texts in the field and came to view that some were heavy on the practical side, and some on the academic and case side, but none combined the two in a way I thought most practical and effective.”
Adler’s new work aims for that combination. At 641 pages, it contains every leading recent arbitration case, dozens of practice problems (many from Adler’s and Pepper’s own practice, with the names duly changed), and practice tips for not only how to conduct an arbitration but how to win.
“Lawyers get hired to win cases for their clients,” Adler continued. “At Pepper, we’ve been fortunate enough to be successful in the large number of our arbitration engagements, and I wanted to bring that to the classroom.”
“I am delighted that Matt was able to fill a huge void in texts on international and domestic arbitration,” said Jeremy Heep, co-chair of Pepper’s Litigation and Dispute Resolution Department. “I have watched Matt on the playing field many times. He is a true master at his craft, and students and practitioners will benefit from this generous sharing of his fascinating experiences.”
The book follows the same three-part chronology that arbitration lawyers must follow: organize the arbitration, conduct the arbitration and enforce the arbitration. Each of those topics is treated in a separate unit. Unit III also contains a special chapter on international arbitration, reflecting Adler’s and Pepper Hamilton’s substantial experience in that field, including appearances before the London Court of Arbitration’s first case in India to go to a hearing, and before all other leading international arbitration institutions (including the International Chamber of Commerce, China International Economic and Trade Commission, International Centre for the Settlement of Investment Disputes, International Centre for Dispute Resolution and the Swedish Chamber of Commerce).
The book is a timely resource, as arbitration is a source of substantial recent controversy over access to justice issues, with the Supreme Court over the last decade enforcing arbitration clauses broadly, including when they contain class action waivers. The result has been a movement by some to regulate the extent to which arbitration can affect consumer rights. This controversy resulted in regulatory proposals near the end of the Obama Administration, the fate of which is now unclear after the 2016 election. Adler’s book addresses this issue in depth with coverage of the cases, articles and proposed rules in this area. This is vital to clients considering their present arbitration clauses, and Pepper continues to work with its clients to ensure their arbitration clauses conform to this changing landscape.