Education Services

Developments in Arbitration Law - Testing the Boundaries of Court Intervention

Session ID: 15PRW023

  • Date

    Always Available
  • Duration

    Self Paced
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Registration Fee
Price (USD)
General $85.00
AAA Panelist $75.00
Location
Format

Online Course

Recorded Webinar

Faculty and Summary

Theodore Cheng
Theodore K.Cheng

Fox Horan & Camerini LLP
New York, NY

Eric Tuchmann
Eric P.Tuchmann

American Arbitration Association
New York, NY

75 minutes           

This 75-minute recorded webinar from May, 2015 is another installment in the AAA's ongoing series of legal update webinars.  Developments in Arbitration LawTesting the Boundaries of Court Intervention explores some of the issues that can create tensions when parties seek to have courts intervene in the arbitration process.  This legal update is presented by AAA General Counsel Eric P. Tuchmann and attorney/arbitrator/mediator Theodore K. Cheng, a member of the AAA Board of Directors and a 2013 Higginbotham Fellow.

The period of time and the circumstances in which a court may become involved in an arbitration depend on a number of factors. Many courts have clearly delineated the limited role courts play in the arbitration process. However, certain issues arise with greater frequency that test the boundaries of the courts’ role. The outcomes of some of these challenges can have significant consequences for an arbitration proceeding or the enforceability of an award.

By listenting to this presentation, you will learn how the following issues have been handled by reviewing courts:

  • Interim Relief – Can parties seek interim or emergency relief from a court where the underlying agreement provides for a dispute to be resolved by arbitration? What is the impact of AAA and ICDR Rules providing for the   appointment of emergency arbitrators to rule on such requests?
  • Preclusive Effect of Arbitration Awards on Subsequent Proceedings – Once an arbitration award is confirmed, to what extent does that award bind parties in subsequent proceedings? Are courts or arbitrators the proper decision-makers when there is a dispute about the preclusive effect of an arbitration award?
  • Arbitrator Challenges in Pending Arbitrations – Can a party petition a court to remove an arbitrator in an ongoing arbitration based on alleged non-disclosure or other misconduct?
  • Modification of the Statutory Grounds for Vacating Awards – Parties cannot contractually expand judicial review of arbitration awards under the FAA beyond what is provided for in the statute, but can they limit the scope of judicial review or even waive it altogether? On what types of outside authority, if any, can parties rely to modify the grounds for vacating awards?

^ A link to this recorded webinar's supplemental material appears above at left.  You may download the materials once you have registered for the recording.

Who WOULD BENEFIT FROM THIS PRESENTATIOIN:

If you are an arbitrator, mediator, advocate, academic, or have an interest in the current judicial landscape as it affects arbitration, you will not want to miss this live online program.

What others are saying about this presentation...

"A very thorough and compact  presentation on the current case law."

"Very informative and useful presentation that was very efficiently conducted."

This program does not qualify for the AAA's annual Arbitrator Continuing Education (ACE) requirement. 

Launching the Course After Registration

If you purchase this recorded webinar you will receive a confirmation email containing a link to the course.  You will click the course link in that email or copy and paste the link into your browser to launch the course.

THIS COURSE IS COMPATIBLE WITH SAFARI.

CLE Information:

CLE is currently not offered on AAA recorded webinars.  Some jurisdictions will allow CLE credit for online programs, and we suggest that you confirm CLE credit availability for this type of program with the appropriate state CLE regulator.  A Certificate of Attendance will be provided upon request.

Questions?

Please contact AAA Education Services at or 212-716-3977.