BarbriSFCourseDetails

Course Details

This CLE course will guide commercial litigators and arbitration practitioners through the significant changes to arbitration law in 2023 and 2024, including U.S. Supreme Court decisions. The panel will explore issues resolved and challenges and opportunities revealed.

Faculty

Description

In 2023 and so far in 2024, the U.S. Supreme Court and circuit courts have issued several decisions that further alter the arbitration landscape. Some decisions are sequels, answering questions left open in earlier cases. Issues include stays during arbitration or pending appeal, formation of arbitration contracts, who decides arbitrability, standing, conflicts between agreements, waiver, scope of the FAA’s “transportation worker” exemption, and more.

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. Recent cases
    1. Coinbase Inc. v. Bielski
    2. Smith v. Spizzirri
    3. Coinbase v. Suski
    4. Bissonnette v. LePage Bakeries
    5. Oberstein v. Live Nation Entertainment Inc. (9th Cir.)
    6. American Zurich Insurance Company v. Sun Holdings Inc. (7th Cir.)
    7. Mercantile Global Holdings, Inc. v. Hamilton M&A Fund, SP (SDNY)

Benefits

The panel will review these and other vital questions:

  • What other arbitration-favoring rules may be "bespoke" arbitration rules?
  • How have recent decisions affected best practices when drafting arbitration clauses?
  • What litigation strategies must change after these cases?