BarbriSFCourseDetails

Course Details

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

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

  1. Overview of FAA
  2. 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
  3. 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?