BarbriSFCourseDetails

Course Details

This CLE course will guide class action counsel through the logistics and considerations of managing hundreds or thousands of similar individual arbitration proceedings filed against a defendant alleging the same or similar claims.

Faculty

Description

In recent years, businesses that enter into arbitration agreements with customers and workers have seen a rapid uptick in the number of mass arbitrations. Claimants' counsel will often file thousands (or tens or hundreds of thousands) of simultaneous demands for individual arbitration. Counsel must have multiple strategies at work, including procedures for receiving and analyzing each claim, managing a deluge of information, raising any arbitrability disputes, and litigating the merits.

Attorneys used to litigation in court must learn to navigate the world of arbitration, including the procedural rules of multiple arbitration providers. Parties often may take advantage of procedures used by courts to handle mass claims, such as in the mass tort and multidistrict litigation context.

Listen as this panel of attorneys experienced with mass arbitration reviews procedures developed in response to this phenomenon and discusses how to coordinate hundreds or thousands of cases.

Outline

  1. Rise of mass arbitration
  2. Receiving, analyzing, managing, and securing claims and information
  3. Managing mass arbitration
    1. Rules
    2. Selecting arbitrators
    3. Hearings or summary resolution
    4. Substantive law
    5. The value of precedent
    6. Binding effect
  4. Settlement considerations
  5. How to discourage the filing of a mass arbitration

Benefits

The panel will review these and other pivotal issues:

  • What are the rules for mass arbitration established by arbitration providers?
  • How are arbitrators chosen in mass arbitrations?
  • What court procedures are valuable and available in mass arbitrations?
  • Are there any fee-shifting considerations in mass arbitrations?
  • Are the results of one arbitration binding on others?
  • What questions of arbitrability often recur in mass arbitrations, and how are those issues resolved?
  • How should defense counsel respond to the filing of unvetted arbitration demands, such as demands in the names of fictitious claimants?