In-House Counsel File: Erin Gleason Alvarez, AIG | Practical Law

In-House Counsel File: Erin Gleason Alvarez, AIG | Practical Law

A profile of Erin Gleason Alvarez, Global Head of ADR Programs, AIG.

In-House Counsel File: Erin Gleason Alvarez, AIG

Practical Law Article w-004-8299 (Approx. 3 pages)

In-House Counsel File: Erin Gleason Alvarez, AIG

by Practical Law Arbitration
Published on 01 Dec 2016USA (National/Federal)
A profile of Erin Gleason Alvarez, Global Head of ADR Programs, AIG.
Education: 2006: LL.M. (International Arbitration), Straus Institute for Dispute Resolution at Pepperdine University School of Law; 2000: J.D., City University of New York School of Law; 1996: B.A. (History and Women’s Studies), State University of New York at Albany.
Career in Brief: 2007–present: AIG, Global Head of ADR Programs; 2012–2013: Straus Institute for Dispute Resolution, Adjunct Professor; 2005–2006: JAMS, Extern; 2004–2005: White & Case LLP, Litigation Associate; 2000–2003: Leeds, Morelli & Brown, Employment Associate.
Location of Company HQ: New York.
Primary Industry Sector: Insurance.
What is the scope of responsibilities for your department? With respect to our role in the arbitration process, we assist in reviewing and drafting dispute resolution clauses, provide consultation on the differences among institutional arbitral rules and which might be most appropriate for a particular agreement or dispute, help research and select arbitrators, and advise on any issues that might arise during the arbitration process. Our work concentrates on business-to-business agreements and disputes in the domestic and international context.
What are the biggest challenges in selecting arbitrators? While there have been efforts by many ADR institutions to provide more insights on panelists, it can still be difficult to understand an arbitrator’s practice. For example, relying on word of mouth to determine whether an arbitrator has efficient case management skills or other skills that are critical to arbitration is not always the most effective approach.
I am pleased to see that the field is starting to embrace a more coordinated way of collecting information on arbitrators. There are a few projects underway to ease parties’ review of arbitral candidates, and I look forward to this development. While it is important to protect the confidentiality of the process, it is also critical that parties be afforded the opportunity to understand the approach a potential arbitrator will have to their case. Making more information about arbitrators available is essential to achieving this goal.
Have you observed any recent trends in the field of arbitration? Over the past two years, I have seen an uptick in creative drafting of dispute resolution clauses. Arbitration and multi-step clauses are becoming more and more intricate.
While this can be a sensible path where sophisticated commercial entities are involved, I still believe simplicity is best. Before recommending any language, it is important to understand the relationship between the parties and the types of disputes that will likely arise in the future, and then decide on the best forum and process.
It is also important to know the differences among institutions in terms of panel quality, case management efficiency, cost, enforceability, expedited procedures, and appellate options. There are some major differences that could have a significant impact on claims if a party is not careful. Counsel and their clients should take the time to understand the arbitral rules before rewriting them in their contracts.
What changes do you anticipate in the field of arbitration over the next ten years? I believe the field is becoming more diverse, which benefits all parties involved. In a global economy, it is ideal to have a body of arbitrators who represent the varied issues and practices we see.
While ADR institutions have sought to ensure that their panels are comprised of diverse candidates, more effort is needed to ensure that those candidates actually get work. To that end, I helped organize a speed-networking event last year at the New York City Bar Association that introduced arbitrators of different backgrounds to attorneys who might potentially select them in the future.
If not an attorney, what would you wish to be? If not for law school, I would have been a writer of cookbooks. My home is often transformed into America’s Test Kitchen.
What one piece of advice would you give to a prospective in-house counsel? In contemplating an in-house position, it is critical to understand the business you will support and how to evolve with it. You should take the time to immerse yourself in the company you serve and understand your internal client needs. My job changes every year and every day. I am grateful for the opportunities available to me at AIG.