This presentation will describe both substantive and procedural arbitrability challenges and responses to them. It will cover sample arbitrability scenarios, provide arbitrability resources, and discuss U.S. Supreme Court decisions on arbitrability.
- Introductory Overview
- How knowing about arbitrability issues will help you as an advocate or a neutral practitioner
- Substantive Arbitrability Challenges & Responses
- Principles of contract interpretation that could throw out your claim
- Election of forums and the impact on your case
- Options for resolving a substantive arbitrability challenge
- Procedural Arbitrability Challenges & Responses
- Timelines and parties’ practices with timelines
- What does the arbitration demand say?
- Ripeness of the dispute or issue to be arbitrated
- Individual vs group vs class action claims
- Specific events/decisions vs claims of a continuing nature
- Arbitrability Scenario re Substantive Arbitrability
- Have an opportunity to consider how to rule on a substantive arbitrability challenge
- Arbitrability Scenario re Procedural Arbitrability
- Have an opportunity to consider how to rule on a procedural arbitrability challenge
- Arbitrability Resources and Rulings
- Overview of American Arbitration Association (AAA) and JAMS rules that govern how arbitrability challenges are handled
- Court authority over arbitrability questions vs delegation to the arbitrator
- Options for Parties to Consider in Addressing Arbitrability Issues
- Audience Questions & Answers
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* CLE credit is only available to Justia Connect Pro members.
Lurie Workplace Solutions
Donna Lurie is an independent arbitrator, mediator, and trainer. She serves on the AAA Labor & Employment Panels, Consumer Panels for AAA and NAM, FMCS Grievance Panel, Washington PERC Panels, Oregon ERB Panel, California PERB Panel, Alaska Arbitration Panel, Montana Board of Personnel Appeals, and the King County Personnel Board. Donna has 40+ years of experience in labor relations, arbitrations, workplace mediations, negotiations, grievance processing, trial work, and administrative hearings. Contact Donna at www.luriesolutions.com
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Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 Substantive Law, Practice, and Procedure
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Missouri, one hour of General CLE credit in Nevada, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.
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