FRIDAY, JANUARY 18, 2019 The Ambassador David Huebner seeks to avoid confusion when handling disputes as a neutral.

By Sean Kagan Daily Journal Staff Writer David Huebner avid Huebner, a former U.S. JAMS / Los Angeles ambassador to New Zealand and Areas of Specialty: International DSamoa, joined JAMS after 25 years of fulltime arbitration and intellec- Arbitration, Intellectual Property, tual property practice. Technology, Life Sciences, “Efficiency” is the key word for Hueb- Entertainment, Telecommunications, ner in his approach as a mediator and Business/commercial, Energy/ arbitrator. Utility, Construction, Health Care, “As a litigator and arbitration advocate Cybersecurity, Privacy before becoming an arbitrator, I saw and often suffered great inefficiency in certain if the principal at that moment on that dispute processes caused by casual or particular day would rather be elsewhere,” inattentive management by tribunals,” Huebner said. Huebner said. “Now that I am a neutral, I He also advised against the conversa- focus on preventing things from bogging tion going immediately to numbers. down or going off track.” “If people are anxious to jump to num- Huebner said one of his first cases bers when they walk in, they are arguing as an arbitrator was a health care reim- positions, not interests,” Huebner said. bursement dispute involving some three Thomas Kurtz / Special to the Daily Journal “It is always more productive to explore dozen parties. interests before slicing and dicing offers.” “It showed me just how many ways can last an hour or two. Todd M. Sorrell, of counsel at Anglin Huebner said he invites each side into inefficiencies, redundancies and confusion “I am sensitive to both the difficulty Flewelling Rasmussen Campbell & private session to explain the case to him can creep into even a carefully conceived of a lawyer’s job and the personal and Trytten LLP, said Huebner served on an and then asks rounds of questions to process when party interests and counsel professional dynamic between lawyer and international arbitration panel handling a collect as much information as possible. positions sort into multiple, shifting clus- client,” he explained. “I do not chastise complex case for one of his clients. “The information I collect is not ters,” Huebner said. “My current approach lawyers in front of their clients, and I look “He seemed to have the best grasp of just what people are saying, but how to to procedural orders, meet-and-confer for opportunities to compliment counsel the voluminous documents and testimony interpret and evaluate those words and instructions, and preliminary conference when their clients are present.” presented in the matter,” Sorrell said. “He what might be behind them,” Huebner preparation were all influenced by that Munger, Tolles & Olson LLP partner enjoyed what he was doing, understood explained. case experience.” Grant A. Davis-Denny, who appeared the law, and was masterful at bringing Trial dates, meanwhile, are not always Huebner said he is also a firm believer before Huebner in an arbitration, said the together very different arbitrator styles and a powerful tool for resolution, according in making full use of preparatory calls in neutral treated both sides fairly and issued personalities to issue a unanimous award.” to Huebner. mediation. a well-reasoned decision. Jones Day partner Steven L. Smith “In my experience, most successful “I always spend a good bit of time on “During the hearing, he let both sides was before Huebner in an international resolutions occur earlier in the process, the phone with counsel for each side sep- put on their evidence without undue lim- commercial arbitration involving the when the two sides are wrestling with arately in advance of the mediation day, its,” Davis-Denny recalled, “and appeared termination of a distributorship covering their positions and what the strengths and so I get the best sense of what the dispute to carefully listen to the testimony and the Africa and the Middle East. weaknesses might be,” he said. is about and the strengths and weaknesses attorneys’ arguments.” “Ambassador Huebner is one of the Quinn Emanuel Urquhart & Sullivan on both sides,” Huebner said. At the beginning of arbitration, Hueb- most capable international arbitrators LLP partner Robert M. Schwartz appeared Before the individual calls, he invites ner said he makes comprehensive dis- available today on both the commercial before Huebner in an appellate arbitration attorneys for each party to submit briefs closures. and investor-state sides of the practice,” last year. with their positions, arguments and where “My disclosures exceed what the law Smith said. “If he’s on your tribunal, you “Each side got a fair and deeply-consid- they think the opening might be for settle- requires,” said Huebner, who frequently can count on a principled, rigorously ana- ered evaluation of the points they raised.” ment. In arbitration, he sends out a detailed handles technology, life sciences and en- lyzed and commercially sound outcome.” Schwartz said. “From start to finish, it agenda in advance of the first conference tertainment industry matters. “The sectors Huebner said mediation becomes dif- was an impressive performance that even call with counsel. in which I practice are large and diverse, ficult when parties are heavily invested a three-judge panel of the California “I do that so when we hold the prelim- so I do not frequently encounter cases with personally. Court of Appeal would be hard-pressed inary conference counsel have already parties or lawyers who have been involved “The challenge is identifying the inter- to replicate.” considered the issues and made an attempt in prior cases with me.” ests beneath the potentially emotion-driv- to reach agreement on as many procedural, During arbitration, Huebner also said en positions and focusing parties on the Here are some attorneys who have used schedule and structural matters as possi- he allows counsel to file dispositive intersection of those interests,” he said. Huebner’s services: Linda Burrow, Netflix ble,” Huebner said. motions. Another pitfall for attorneys is not Inc.; Michael J. Lyons, Morgan, Lewis “It is the first and best opportunity “I take them seriously and look at them ensuring that the right decision-maker is & Bockius LLP; Grant A. Davis-Denny, for setting the tone of the subsequent closely,” said Huebner, adding that he at the mediation and remains involved, Munger, Tolles & Olson LLP; Robert proceedings and orienting counsel ex- denies most of them. “In most of the ones he said. M. Schwartz, Quinn Emanuel Urquhart pectations,” Huebner explained, adding I have faced ... there have been material “Making sure that your decision-maker & Sullivan LLP; Steven L. Smith, Jones he does not insist clients participate in questions of fact that cannot be resolved in is not only physically, but mentally present Day; Todd M. Sorrell, Anglin Flewelling the first preliminary conference, which the context of the motion,” he explained. certainly advances the process — even Rasmussen Campbell & Trytten LLP.

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