Arbitration

Deborah serves as a neutral in arbitrations that take place under the auspices of the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR), in addition to conducting arbitrations in non-administered proceedings. She is an experienced chair of arbitration panels, solo arbitrator, and a Fellow of the College of Commercial Arbitrators.

Deborah’s judicial service has provided her with the knowledge and experience to arbitrate a multitude of case types involving different substantive areas of the law and varied circumstances.

Approach

Deborah is guided throughout the arbitration process by the precepts of speed, economy, and justice.

Process

Early in the prehearing phase of an arbitration, Deborah collaborates with the parties to customize the process while at the same time honoring the parties’ arbitration agreement. From there, she manages the parties’ informational exchange to avoid undue expense and unnecessary motion practice. At the arbitration hearing, Deborah provides the parties a fair opportunity to be heard and listens carefully to the evidence while keeping the process streamlined.

When reasoned awards are required, Deborah draws on her extensive experience writing as an appellate judge to issue awards that are clearly written, resolve all claims and defenses, and efficiently yet thoroughly address the parties’ contentions.

AAA Panels and Leadership

Deborah is a member of the AAA’s Board of Directors, leads training sessions for arbitrators, speaks on key arbitration-related topics, and serves as a neutral on the following AAA panels:

  • Appellate
  • Commercial
  • eDiscovery Special Master Select
  • Employment
  • Energy
  • Healthcare
  • Judicial
  • Large Complex Cases

More details on AAA arbitrations are located at https://www.adr.org/.

A SAMPLING OF CASES DEBORAH HAS ARBITRATED TO FINAL AWARD

Breach of contract dispute concerning long-term data processing contracts   ♦    Business tort and breach of contract matter involving  financial institution’s handling of a small business loan used to finance purchase of real property   ♦    Claim against financial institution for alleged aiding and abetting securities fraud and breach of fiduciary duty involving secondary insurance market   ♦    Breach of contract case between operator and contractor over downhole cement operations and well damage    ♦    Dispute between operator and trustee regarding effect upon a royalty trust of settlements of claims for underpaying oil and gas royalties   ♦    Controversy involving purchase and sale of working interests in saltwater disposal wells and equity interest in operating company   ♦    Breach of contract dispute involving engineering project for design and development of accelerator   ♦    Breach of contract dispute involving change-of-control provisions of executive employment contract    ♦    Fair Labor Standards Act claims   ♦    Breach of contract case involving medical billing and collection   ♦    Breach of contract and statutory prompt pay dispute concerning managed health care contract payments

Details

Deborah conducts arbitrations at her office in Dallas and at other locations that may be more convenient for the participants. She is available to travel throughout Texas, nationally, and internationally.

Contact us for specific information on fees for non-administered arbitrations. Fee information relating to Deborah’s participation in AAA arbitrations is available on the AAA website at https://www.adr.org/.

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ARBITRATION-RELATED CONSULTING

Selecting Arbitrators

Drawing on her broad procedural and substantive experience, Deborah consults with clients in connection with the selection of arbitrators, helping them to pinpoint the best match for the subject matter, governing law, applicable procedures, and other variables at play.

Arbitration Process

Deborah works with clients to optimize the arbitration process in accordance with governing documents, the parties’ arbitration agreement, and the applicable arbitration rules.  She also consults on how to negotiate procedures that are not specified in the governing arbitration agreement but are necessary to an effective arbitration process. Her goal is to help clients take advantage of the flexibility inherent in arbitration to creatively design a process that fits the case.

Arbitration Clauses

A range of issues must be considered when drafting an effective contractual arbitration clause, including the governing law and rules; the scope of the arbitration clause; the number of arbitrators and their qualifications; discovery limits; timing issues; confidentiality; interim and injunctive relief; attorney’s fees and arbitration costs; and the form of the award. Deborah consults with clients on the creation and revision of arbitration provisions to ensure that their objectives are reached.