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The Commercial Arbitration Playbook: From Arbitrator Selection to the Final Award

Commercial arbitrations are won in the months between the preliminary conference and the close of the record. Learn how to build a procedural roadmap that keeps the case on schedule, hold discovery to proportional limits, handle motions and emergency relief without losing momentum, and try the case — witnesses, experts, exhibits, and post-hearing briefs — the way arbitrators actually decide it.

2026-10-26 14:30:00

Program Details

2026-10-26 14:30:00

2026-10-26 14:30:00

2h CLE Credits

2026-10-26 14:30:00

Program Details

2026-10-26 14:30:00

Program Details

2026-10-26 14:30:00

Over 1,000+ webinars

2026-10-26 14:30:00

Course Overview

The Case Is Only As Good As the Record You Build For It

2026-10-26 14:30:00

Arbitration is no longer the informal, low-stakes alternative to litigation it is often assumed to be. Parties routinely commit seven- and eight-figure disputes to a single arbitrator or a small panel, with limited grounds for appeal — which means the case is largely won or lost in the procedural middle of the proceeding: the preliminary conference, the exchange of information, motion practice, and the presentation of evidence at the hearing.

Let the scheduling order drift, and the case loses focus before the first witness is prepared. Let discovery run unchecked, and costs balloon while the record grows unmanageable. Try the case the way you would try it to a jury, and even strong evidence can miss the decision points the arbitrator actually needs resolved.

This program walks counsel through the working life of a commercial arbitration — the preliminary conference, the scheduling order, discovery and ESI, dispositive and emergency motions, witness and expert presentation, and post-hearing briefing — and delivers practitioner frameworks for each stage: how to use the preliminary conference to control the case, how to keep information exchange proportional, how to examine witnesses and manage exhibits in front of an arbitrator rather than a jury, and how to use closing submissions to frame the issues for decision.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Building the Procedural Roadmap
Use the preliminary conference and ongoing case management to set deadlines, narrow issues, and position the case for a focused hearing.
02
Controlling Discovery and the Evidentiary Record
Apply proportionality to document production, ESI, confidentiality, privilege, and depositions, and preserve evidence and objections through the hearing.
03
Managing Motions, Emergency Relief, and Hearing Logistics
Handle dispositive and jurisdictional motions, emergency procedures, remote or hybrid formats, and hearing-time allocation without losing procedural control.
04
Preparing Witnesses and Experts for the Arbitration Hearing
Prepare fact witnesses for examination before a sophisticated decision-maker, structure witness statements where used, and sequence expert testimony and rebuttal effectively.
05
Presenting a Decision-Ready Case
Organize openings, witness examinations, exhibits, and closings around the arbitrator’s decision points, then use post-hearing briefs to frame disputed issues.
06
Post-Hearing Briefs, Remedies, and Fee Applications
Use closing submissions to frame the issues for decision, quantify damages and interest with the record built at the hearing, and support fee and cost applications.

Program schedule

clock 2:30 pm - 3:30 pm EST

Taking Control Early: The Preliminary Conference, the Scheduling Order, and Discovery Management

This session examines the procedural machinery that determines whether a commercial arbitration stays efficient or drifts toward litigation-scale cost. Drawing on extensive experience representing parties in arbitration, serving as arbitrators, and administering complex commercial proceedings, the speakers will address how counsel can use the preliminary conference to shape the case, negotiate a realistic scheduling order, keep document exchange and ESI proportional, protect privilege and confidentiality, and deploy dispositive and emergency motions strategically.

John A. ShopeJohn A. Shope
Lisa RomeoLisa Romeo
clock 3:40 pm - 4:40 pm EST

Trying the Case to the Arbitrator: Witnesses, Experts, Exhibits, and Post-Hearing Advocacy

This session focuses on advocacy at the evidentiary hearing and in the submissions that follow. The speakers will explore how presenting a case to an arbitrator differs from trying it to a judge or jury — from openings and witness examinations to expert presentation, exhibit management, and remote or hybrid formats — and how counsel can use closing arguments and post-hearing briefs to frame the disputed issues around the questions the tribunal must decide.

John A. ShopeJohn A. Shope
Lisa RomeoLisa Romeo
John A. Shope

John A. Shope

Foley Hoag LLP

Lisa Romeo

Lisa Romeo

American Arbitration Association

John A. Shope

John A. Shope

Foley Hoag LLP

John A. Shope is a commercial arbitration and litigation partner at Foley Hoag LLP, where he has practiced for thirty-four(34) years following a federal court clerkship. His primary practice areas have been the consumer and energy industries, in which he represents household name brands such as Dell, Enterprise, Constellation, and many others. Since 2009, he has served as arbitrator in over seventy-five (75) arbitrations.

Education & Credentials

Shope earned his J.D. with honors from the University of Chicago Law School in 1991, following a B.A. from Amherst College in 1987 and a certificate from Leningrad State University in 1986. He is admitted to practice in Massachusetts, Connecticut, and New York, and before the Supreme Court of the United States, the U.S. Court of Appeals for the First Circuit, and the federal district courts for Massachusetts, Connecticut, and the Southern District of New York.

Recognition & Leadership

BTI Consulting named Shope a 2022 Client Service All-Star, citing client feedback praising his legal skill and work product. Boston Magazine named him a New England Super Lawyer from 2009 through 2017 and a Massachusetts Super Lawyer in 2008, and he was included among Boston Magazine's "40 Bostonians to Watch" in 2002 and the Boston Business Journal's list of forty outstanding young business and community leaders in 2001. He also received the Boston Police Commissioner's Community Service Award in 2001 and served on the University of Chicago Law Review.

Professional Involvement

Shope is a member of the International Chamber of Commerce's New England Arbitration Subcommittee. He has also served the Boston legal community as a past board member of the New England Legal Foundation, a board member and past president of the Frank J. Murray Inn of Court, and a past member of the Boston Bar Association's Business and Commercial Litigation Section steering committee and a member and past co-chair of its Class Action Committee. His civic involvement includes past leadership of the Bay Village Neighborhood Association, a past board seat with the Community Music Center of Boston, membership in the University Club of Boston, and past service on the Boston Planning and Development Authority's Impact Advisory Groups.

Experience

Shope has obtained arbitration awards and represented parties across complex commercial arbitrations, including a $2 million award from the American Arbitration Association's International Centre for Dispute Resolution over the mismanagement of a diesel-fired power plant in Guyana, a successful international arbitration on behalf of a private equity fund over a power plant in North Africa, and an arbitration over successor gas indices in a power purchase agreement. He has also used arbitration clauses to obtain dismissals of consumer class actions brought against internet and technology companies. His broader commercial litigation practice includes obtaining dismissals of consumer class actions in the Massachusetts Supreme Judicial Court, defeating class certification for a financial services company, and defending a power purchase agreement valued at more than $40 million in a dispute over long-term gas supply restructuring. Before entering practice, he clerked for U.S. District Judge José A. Cabranes in New Haven, Connecticut, and served as a research assistant to U.S. Circuit Judge Richard A. Posner in Chicago.
Lisa Romeo

Lisa Romeo

American Arbitration Association

As Vice President of the American Arbitration Association’s Boston Regional Office, Lisa Romeo oversees the recruitment of arbitrators and manages large, complex commercial arbitrations throughout Massachusetts. She has worked at the AAA since 1988, where she also leads outreach, education, and business development for commercial disputes across New England and serves as the organization’s national co-lead for Technology business development.

Education & Credentials

Romeo holds a Master of Science in Management from Lesley University, with a focus on institutional development, and a B.A. from Bates College.

Recognition & Leadership

Romeo serves as the American Arbitration Association's national co-lead for Technology business development, in addition to her regional leadership of the Boston office.

Professional Involvement

She also conducts outreach and education for the AAA in the Cannabis, Insurance, and Franchise industries.

Experience

Romeo has taught continuing legal education courses on arbitration practice, including "Clause and Order: Drafting Effective Arbitration Clauses" with Kent Sinclair and "Arbitrate Like a Pro: Mastering the Preliminary Hearing" with John Shope. In her AAA role, she manages large, complex commercial arbitrations in Massachusetts and is responsible for recruiting and vetting potential arbitrators for the region.
John A. Shope

John A. Shope

Foley Hoag LLP

John A. Shope is a commercial arbitration and litigation partner at Foley Hoag LLP, where he has practiced for thirty-four(34) years following a federal court clerkship. His primary practice areas have been the consumer and energy industries, in which he represents household name brands such as Dell, Enterprise, Constellation, and many others. Since 2009, he has served as arbitrator in over seventy-five (75) arbitrations.

Education & Credentials

Shope earned his J.D. with honors from the University of Chicago Law School in 1991, following a B.A. from Amherst College in 1987 and a certificate from Leningrad State University in 1986. He is admitted to practice in Massachusetts, Connecticut, and New York, and before the Supreme Court of the United States, the U.S. Court of Appeals for the First Circuit, and the federal district courts for Massachusetts, Connecticut, and the Southern District of New York.

Recognition & Leadership

BTI Consulting named Shope a 2022 Client Service All-Star, citing client feedback praising his legal skill and work product. Boston Magazine named him a New England Super Lawyer from 2009 through 2017 and a Massachusetts Super Lawyer in 2008, and he was included among Boston Magazine's "40 Bostonians to Watch" in 2002 and the Boston Business Journal's list of forty outstanding young business and community leaders in 2001. He also received the Boston Police Commissioner's Community Service Award in 2001 and served on the University of Chicago Law Review.

Professional Involvement

Shope is a member of the International Chamber of Commerce's New England Arbitration Subcommittee. He has also served the Boston legal community as a past board member of the New England Legal Foundation, a board member and past president of the Frank J. Murray Inn of Court, and a past member of the Boston Bar Association's Business and Commercial Litigation Section steering committee and a member and past co-chair of its Class Action Committee. His civic involvement includes past leadership of the Bay Village Neighborhood Association, a past board seat with the Community Music Center of Boston, membership in the University Club of Boston, and past service on the Boston Planning and Development Authority's Impact Advisory Groups.

Experience

Shope has obtained arbitration awards and represented parties across complex commercial arbitrations, including a $2 million award from the American Arbitration Association's International Centre for Dispute Resolution over the mismanagement of a diesel-fired power plant in Guyana, a successful international arbitration on behalf of a private equity fund over a power plant in North Africa, and an arbitration over successor gas indices in a power purchase agreement. He has also used arbitration clauses to obtain dismissals of consumer class actions brought against internet and technology companies. His broader commercial litigation practice includes obtaining dismissals of consumer class actions in the Massachusetts Supreme Judicial Court, defeating class certification for a financial services company, and defending a power purchase agreement valued at more than $40 million in a dispute over long-term gas supply restructuring. Before entering practice, he clerked for U.S. District Judge José A. Cabranes in New Haven, Connecticut, and served as a research assistant to U.S. Circuit Judge Richard A. Posner in Chicago.
Lisa Romeo

Lisa Romeo

American Arbitration Association

As Vice President of the American Arbitration Association’s Boston Regional Office, Lisa Romeo oversees the recruitment of arbitrators and manages large, complex commercial arbitrations throughout Massachusetts. She has worked at the AAA since 1988, where she also leads outreach, education, and business development for commercial disputes across New England and serves as the organization’s national co-lead for Technology business development.

Education & Credentials

Romeo holds a Master of Science in Management from Lesley University, with a focus on institutional development, and a B.A. from Bates College.

Recognition & Leadership

Romeo serves as the American Arbitration Association's national co-lead for Technology business development, in addition to her regional leadership of the Boston office.

Professional Involvement

She also conducts outreach and education for the AAA in the Cannabis, Insurance, and Franchise industries.

Experience

Romeo has taught continuing legal education courses on arbitration practice, including "Clause and Order: Drafting Effective Arbitration Clauses" with Kent Sinclair and "Arbitrate Like a Pro: Mastering the Preliminary Hearing" with John Shope. In her AAA role, she manages large, complex commercial arbitrations in Massachusetts and is responsible for recruiting and vetting potential arbitrators for the region.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
Alaska
Approved
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Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
Pending
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Approved
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Pending
Illinois
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Indiana
Pending
Iowa
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Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs