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A seasoned panel of arbitration experts engage in a candid discussion, sharing their insights, opinions, and recommendations on various aspects of arbitration. Our faculty addresses the pros and cons of arbitration compared to other forms of adjudication, pluses and minuses of specific arbitration forums, trends in class actions and arbitrability, as well as liability and damage theories, among other topics.
What You Will Learn
- Arbitration Pluses - Quicker; Expertise of arbitrators; More informal; non-public, etc.
- Arbitration Minuses - Bias to claimants; Arbitrator selection; Lower barriers to entry; Limited (or no) motion practice; Eligibility vs. statutes of limitations; No evidentiary standards; Discovery limitations (e.g., depositions; expert reports); Limited procedural rules; Limited appellate rights
- Best/Worst Forums: FINRA, AAA, International (e.g., London); Pluses and minuses
- Mandatory vs. Optional -- Trends (good or bad?) (New Prime v. Oliveira; Henry Schein v. Archer & White Sales)
- Class Actions -- Trends -- Who should decide arbitrability? (courts v. arbitrators)
- (Lamps Plus v. Varela; AT&T Mobility v. Concepcion)
- Use of Experts in Arbitration -- Better, worse, or just different from litigation
- Liability and Damage Theories in Arbitration:
- Defining liability and measuring damages in cases where a claimant has a hybrid relationship with a financial professional
- Damages in single-security cases
- Representing advisors against their firms
- Attorneys' fees, punitive damages, and other extraordinary recovery theories
- Rule of law in arbitration?
- Choice of Law Provisions in Arbitration (effective?)
- Decisions vs. Written decisions
- Manifest Disregard of the Law -- Current status