SCOTUS on Arbitration: Developments and Trends Forcing Litigators to Think and Strategize Differently
Enforcement of Arbitration Clauses Against Nonsignatories, Escalation Clauses, Role of AI and Machine Learning, Strategies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, October 24, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will discuss recent developments, evolving issues, and trends in arbitration, including ZF Automotive US Inc. v. Luxshare Ltd., ___U.S. ___ (June 13, 2022), and Coinbase Inc. v. Bielski, __ U.S. __, (June 23, 2023), and how they affect both arbitration and litigation strategy going forward. Among other topics, the program will review arbitration against and by nonsignatories, escalation clauses, arbitrability, challenges to enforcement, and the role of artificial intelligence and machine learning on strategy.
Mr. Dash concentrates his practice in real estate-related litigation, with an emphasis on construction (including mechanic’s lien claims), as well as title insurance defense work. His clients include a number of companies whose businesses are in, or related to, the construction industry.
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. Safron is a construction/mechanic’s lien litigation attorney at Carlson Dash.
The U.S. Supreme Court continues to issue decisions that are of significant importance to the shape and conduct of arbitrations and raise questions on issues such as privacy, time, cost, flexibility, settlement, and finality.
For example, the Court recently held that non-signatories can be forced into arbitration and also compelled to arbitrate. GE Energy Power Conversion France SAS Corp. v. Outokumpu Stainless USA L.L.C., __ U.S. __ (2020). Escalation clauses continue to raise questions about jurisdiction and admissibility.
Artificial intelligence is predicted to be a game changer by allowing parties to predict how arbitrators will rule on a global basis, which means that the decisions/awards now have value as a data asset, a development some contend will make arbitration less private.
Listen as our authoritative panel discusses recent developments, evolving issues, and trends in arbitration, as well as how these will affect litigators and litigation strategy.
- Recent SCOTUS developments
- ZF Automotive US Inc. v. Luxshare Ltd., ___U.S. ___ June 13, 2022)
- Coinbase Inc. v. Bielski, __ U.S. __, (June 23, 2023)
- Evolving issues and trends
- Nonsignatory arbitration
- Escalation clauses
- Judicial review
- Effect of AI in predicting outcomes, detecting biases
The panel will review the following key issues:
- How have recent court decisions changed the arbitration landscape?
- Should those changes cause parties to approach arbitration or the potential choice of arbitration vs. litigation differently?
- How will AI affect arbitration?
- How will recent SCOTUS decisions on arbitration impact litigation and arbitration strategies?
- Are state courts enhancing review of arbitration awards?
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