Arbitration in the US

This course explores arbitration as a private dispute resolution method in the United States, with a particular focus on its application in commercial, securities, consumer, class action, labor, and employment contexts. The aim is to provide students with a comprehensive understanding of arbitration law and procedures, enabling them to effectively advise clients about arbitration, negotiate arbitration clauses, and participate in arbitral proceedings. Students will learn about various types of arbitration processes, comparing them with other alternative dispute resolution (ADR) methods and litigation, as well as the roles of both courts and arbitration institutions during arbitrator appointments and other aspects of procedure. The course covers the full arbitration lifecycle including drafting pre- and post-dispute arbitration agreements; enforcing arbitration agreements; handling anti-arbitration injunctions and parallel proceedings; filing the initial demand for arbitration and the reply; selecting the arbitrator(s); participating in pre-hearing conferences; issuing procedural orders; filing briefs and motions; presenting evidence; conducting hearings; distinguishing between interim, partial, and final arbitral awards; and finally, post-award enforcement, set aside, and vacatur. This course explains the legal underpinnings of arbitration, examining sources such as the Federal Arbitration Act (FAA), state arbitration laws (including the FAA’s partial preemption of state laws), U.S. Supreme Court and lower court interpretations of federal and state arbitration laws, the rules of arbitral institutions, and sample arbitration agreements. Additionally, the course addresses the ethical obligations of arbitrators, disclosure requirements related to conflicts of interest, and fairness issues within the contexts of consumer and employment arbitration. Finally, this course highlights contemporary developments, such as class and mass arbitration, third-party funding of arbitration, and arbitration in the news media. There will be an in-person final exam for all students. UPPER-CLASS WRITING REQUIREMENT: In addition to taking the final examination, a limited number of students may request permission from the professor to write an additional paper to fulfill the requirement. The paper will not be graded and will not count toward their final grade in the course.