Arbitration 2022: Recent Directives From the U.S. Supreme Court, Questions Resolved, Challenges Revealed
Post-Arbitral Proceedings, Enforceability and Waiver, FAA Exceptions, Preemption, and Discovery

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, August 2, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide commercial litigators and arbitration practitioners through the significant changes to arbitration law from several 2022 U.S. Supreme Court decisions. The panel will explore issues resolved, and challenges and opportunities revealed.
Faculty

Mark J. Levin is a senior counsel at Ballard Spahr LLP and a member of the firm’s Consumer Financial Services Group and Litigation Department. His practice is focused on consumer financial services litigation, and he has extensive experience in the structuring and enforcement of consumer arbitration clauses and the defense of financial services companies in consumer class actions. Mr. Levin has enforced consumer arbitration agreements with class action waivers in the U.S. Supreme Court and numerous federal and state appellate and trial courts and has tried both individual and class arbitrations. He testified for the industry before a subcommittee of the U.S. House Judiciary Committee at an oversight hearing on whether predispute arbitration provisions in consumer contracts are fair to consumers. Mr. Levin has published more than 50 articles on consumer arbitration including, for each of the past 25 years, an update on important arbitration law developments for The Business Lawyer’s annual survey.

Ms. Richman is head of the Washington, DC office and focuses her practice on international dispute resolution matters, with a particular emphasis on international commercial arbitration and public international law. She has experience representing clients in a broad range of matters, including in the areas of international commercial and investment arbitrations, securities enforcement, securities litigation, general commercial litigation disputes, and insurance coverage.

Mr. Hurd has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged individual and class discrimination, sexual harassment, wage and hour violations, FINRA, whistleblowing and retaliation, defamation, fraud, breach of contract, wrongful discharge and other statutory and common law claims. He also advises clients on employment litigation avoidance, litigation strategy and alternative forms of dispute resolution. Mr. Hurd also handles matters involving drafting, enforcing, and defending restrictive covenants, and protecting trade secrets.
Description
In 2022 the U.S. Supreme Court issued several decisions that materially altered long-held assumptions about how far the Court may go in implementing federal policy favoring arbitration under the Federal Arbitration Act (FAA).
In Badgerow v. Walters, No. 20-1143 (U.S. Mar. 31, 2022), the Court narrowed when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration awards shifting many proceedings to state rather than federal court. In Morgan v. Sundance Inc., No. 21–328, (U.S. May 23, 2022), the Court noted that courts cannot impose legal requirements that do not otherwise exist to promote FAA goals. These decisions may lead to questions about whether other arbitration-related rules are subject to potential reinterpretation.
The Court also decided the scope of FAA exemptions, the FAA's preemption clause, and whether 28 U.S.C. 1782 can be invoked in commercial arbitrations and in ad-hoc arbitrations. In doing so, the Court further refined how the FAA is to be interpreted and materially changed and clarified the law.
Listen as this esteemed panel discusses these decisions and their impact on the enforceability and usefulness of pre-dispute arbitration agreements.
Outline
- Overview of FAA
- Case analysis and critical applications
- Badgerow v. Walters
- Morgan v. Sundance
- Southwest Airlines v. Saxon
- Viking River Cruises v. Moriana
- ZF Automotive US v. Luxshare
- Effect of Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Benefits
The panel will review these and other vital questions:
- What other arbitration-favoring rules may be "bespoke" arbitration rules?
- How have these decisions affected best practices when drafting arbitration clauses?
- What litigation strategies must change after these cases?
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