Charles J. Moxley, Jr.
Dispute Resolution Immediate Past Chair

Arbitrator, FCIArb; Mediator, IMI Certified
Adjunct Professor, Fordham Law School
Distinguished ADR Practitioner in Residence, Benjamin N. Cardozo School of Law

MoxleyADR LLC
850 Third Avenue, 14th Floor
New York, NY 10022
(212) 329-8553 (office)
(212) 687-7714 (fax)
(917) 699-8801 (cell)

email: cmoxley@moxleyadr.com
Website:  www.moxleyadr.com

CHARLES J. MOXLEY, JR., is a widely recognized arbitrator, mediator and litigator. The principal in MoxleyADR LLC, he has served as an arbitrator in hundreds of commercial, securities, insurance, international and other cases and often serves as mediator in substantial cases in such areas.  Mr. Moxley regularly teaches arbitration law and practice and has trained arbitrators for the American Arbitration Association, the Dispute Resolution Section, and the Benjamin N. Cardozo School of Law.  He has lectured and written extensively on Best Practices in commercial arbitration and has been active in the DR Section since its inception, serving first as Co-Chair of its Legislation Committee and then as Chair of the Section. 

Mr. Moxley is an Adjunct Professor at Fordham Law School, teaching arbitration and international law, and the Distinguished ADR Practitioner in Residence at the Benjamin N. Cardozo School of Law.  He is a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators, an ARIAS-US Certified Arbitrator and an IMI Certified Mediator. 

The three-day commercial arbitration training program Mr. Moxley designs, organizes, and co-leads each summer for the DR Section and the Cardozo Law School covers all areas of commercial arbitration, including the drafting of effective arbitration clauses, the selection of arbitrators, the types of disclosures arbitrators need to make, the conducting of an effective preliminary hearing to establish the bases for an expeditious and economical arbitration, the determination of the appropriate level of discovery for the particular case, the management of e-discovery according to the needs of the case, the administration of dispositive motions so as to encourage ones that will facilitate an efficient process while discouraging ones that will lead to delay and unnecessary expense, the fostering of effective and collegial interaction among panel members, the efficient hearing and resolution of procedural, discovery and substantive motions, the conducting of effective hearings, the identification and implementation of approaches arbitrators can take to facilitate their making just and accurate decisions, the drafting of high quality durable awards according to the needs of the individual case, and the making and defending of court applications to confirm, vacate or modify awards, as well as to compel arbitration and stay litigation in the first instance. 

The focus of the training is on the proactive management of cases by arbitrators and counsel through identifying, developing and implementing arbitration Best Practices that will enable arbitration to deliver on its promise of flexibility, speed, economy and fair process – avoiding the “litigationazation” of arbitration. The training also includes panels on e-discovery, arbitrator ethics, arbitration law, international arbitration and practice development. 

The overriding premise is that parties and their counsel have a right to expect their arbitrators to be expert in arbitration law and practice, to listen to counsel and the witnesses and study the case diligently and administer it proactively and smartly, including through being expert in such matters as preventing excessive document production and depositions while encouraging the level of discovery appropriate to the particular case.  Given the threat that e-discovery poses to the efficiency and fairness of arbitration, parties and their counsel should be able to rely on their arbitrators to be familiar with the available techniques for streamlining the process – all with the ultimate objective of providing for each case the level of discovery and overall process it needs.

Mr. Moxley has also mediated many cases and has been a bar leader in trying to enhance the availability of mediation in New York courts, including currently as co-chair of the ComFed Section’s Task Force on Mediation in the Southern District and Chair of ComFed’s Committee on Arbitration and ADR.  Mr. Moxley has lectured on the need for mediators to be eclectic in their mediation approaches, working from a big tool box.  In mediating cases, he has been successful in using his decades of experience as an arbitrator and litigator to help parties resolve seemingly intractable disputes.   

Before devoting his practice primarily to arbitration and mediation in recent years, Mr. Moxley was a commercial, securities, insurance, and general business/corporate litigator in major cases throughout the United States, starting his career at Davis Polk & Wardwell and thereafter serving as partner and counsel in several smaller firms, following his graduation from Columbia Law School and clerkship in the Southern District of New York.  Mr. Moxley most recently served as counsel in several cases in the securities, insurance and accountants’ liability areas and in a FINRA arbitration. 

Mr. Moxley is a member of numerous panels of the American Arbitration Association, including its Large and Complex Cases Panel and its International Panel (ICDR), and of panels of CPR, the ICC, New York County Supreme Court (Commercial Division and Part 137), and ARIAS-US.  His practice as a neutral includes serving many times as chair, wing, and party-appointed arbitrator both in administered and ad hoc cases. 

As an attorney, Mr. Moxley is AV rated (Martindale-Hubbell) and has broad experience with business, financial, accounting and insurance issues.  Clients have included individuals and closely held and public corporations, including securities firms, insurance companies, accounting firms, and banks, as well as government officials and departments. 

Representative cases have included the representation of a State Insurance Regulator in a case involving claims of over $140,000,000 in Supreme Court, New York County (Commercial Division), against former officers, directors and auditors for two insolvent insurance companies for alleged breach of duty in permitting the companies to continue in business while insolvent; representation of a public insurance company in a case in the United States District Court for the Southern District of New York alleging substantial damages resulting from misrepresentations in connection with the sale of securities; representation of hedge funds in numerous cases involving claims brought by and against such firms; representation of corporate officers and directors in cases alleging their securities fraud and other breaches of duty; representation of insurance companies and insureds in cases including coverage disputes; and extensive experience representing and suing accounting firms in connection with securities law and malpractice claims.  Over the years, Mr. Moxley’s experience as a litigator has been fairly evenly divided between representing plaintiffs and defendants.