Crafting and Drafting Arbitration Agreements - Getting the Arbitration Process Parties Want and Need Out of Stock
Co-Sponsored by the CBA Litigation Section
Quantity
September 2013
Crafting and Drafting Arbitration Agreements - Getting the Arbitration Process Parties Want and Need
Presented by the Fellows of The College of Commercial Arbitrators
Program Description:
The arbitration or dispute resolution clause in a contract is important. The ability to choose the terms of the arbitration clause is one of most important advantages of arbitration that differentiates arbitration from courtroom litigation where parties are bound by court rules. Drafters have the opportunity to streamline the resolution of any subsequent dispute to ensure that it is heard by appropriate decision makers and to maximize the chances of enforcing the ultimate decision.
Too often, documents are drafted with attention paid only to who is to do what and how much will be paid for the performance of these obligations but with little or no attention paid to resolution of potential disputes. As a result, provisions for dispute resolution often cause more problems than they resolve.
Litigation over the arbitration clause is the last thing parties want when a dispute arises and a party demands arbitration, but that is precisely what will occur when arbitration is demanded against an unwilling respondent under a poorly drafted arbitration agreement. Such agreements can prompt litigation of fundamental issues, such as whether there is an agreement to arbitrate and, if there is, what its scope is.
This seminar focuses the attorney on avoiding the dysfunctional drafting pitfalls of omission, over-specificity, unrealistic expectations, litigation envy and overreaching. The presenters lead drafters to the principles of drafting arbitration provisions such as stepped and flow down clauses, incorporation by reference, arbitrator selection, clarity and other considerations such as motions, discovery, confidentiality, heightened or limited review and payment of fees and costs.
Faculty
Carl F. Ingwalson, Jr.
Mediation & Arbitration Offices
Mediation & Arbitration Offices
San Diego, CA
Steven Meyrich
Arbitration & Mediation Services
Boulder, CO
Connie Peterson
Judicial Dispute Alternative
Judicial Dispute Alternative
Denver, CO
Michael A. Williams
Michael A. Williams LLC
Denver, CO
Agenda:
8:00am
Registration and Continental Breakfast
8:25am
Welcome and Introduction
8:30am - 10:15am
Basic Clause
- Broad
- Narrow
- Tort claims
- Statutory claims
- Conditions precedent
Mediation
Negotiation
- Non-signatories
Obligations (fail safe)
Bound (theories)
- Limit on Motions
- Administration
Provider
Ad hoc
- Incorporation by reference
- International
Language to be used
Provider
Number of Arbitrators
Venue
Arbitrators
- Number
- Qualifications
- Party Arbitrators
Neutral or not
- Authority
Arbitrability
Venue
Governing Law
- State
Must be aware of law
- FAA
10:15am
Networking Break
10:30am - 12:00pm
Initiating
- Limits too short
- Limits too long
Discovery
- Written
- Depositions
- Site Visits (e.g. construction)
- Third party
- Out-of-jurisdiction
Provision Relief
- Preserve status quo
Evidentiary Hearing
- Documents only
- In-person
- Limits on duration
Remedies
- Broad
- Limited
- Injunctive
Expenses
- Attorney fees
- Administrative costs
- Arbitration costs
- Non-payment
Default
Award
- Basic
- Reasoned
- Findings of fact and conclusions of law
Cost
Time
Appeal
- Limit
- No limit
Provider panels
Courts
12:00pm
Adjourn
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $209.00 USD
- Member Price $189.00 USD
- General Credits 5.00
- Ethics Credits
- EDI Credits