Imposing Sanctions in Arbitration - Just How Far Can You Go

60 Minutes

Traditionally, the matter of sanctions in arbitration has been a murky one. While the courts have wielded largely unrestricted power to enforce rules and orders, the authority of arbitrators to impose sanctions has usually been circumscribed by the terms of the contract or arbitration agreement, or remains unaddressed by institutional rules. Recently, however, the “rules of engagement” insofar as sanctions are concerned have undergone a significant shift about which neutrals and advocates must be fully informed. During this 60-minute recorded webinar, a pair of distinguished arbitration experts will discuss and answer the following questions— As an arbitrator, how and to what extent am I permitted to impose sanctions on parties? Are we limited by the rules or the arbitration clause? Are there inherent powers? How have reviewing courts responded to sanctions imposed during an arbitration? As an advocate, what are the limits on representing a client before exposure to sanctions by the Panel? Listening to this presentation will provide you with a more complete understanding of sanctions in arbitration, the “rules of engagement” in arbitration, and zealous advocacy. WHO WOULD BENEIFIT FROM THIS PRESENTATION – Arbitrators, advocates, academics, and anyone interested in the dynamics of the arbitration process. 

Faculty: 

Stanley Sklar, Dispute Resolution Services Chicago, IL

J Timothy Eaton, Taft Stettinius & Hollister LLP Chicago, IL

The AAA does not offer CLE in any jurisdiction for our on-demand programs, but you may be able to use a copy of the certificate available at the conclusion of the course to submit for CLE credit on your own (we recommend that you confirm availability of CLE in your jurisdiction for this type of course).