Arbitration Law and Practice

The United States has embraced arbitration more than any other country; arbitration agreements exist in connection with virtually every type of transaction imaginable. This course combines theory, law, and skills to explore the arbitration process, the legal framework governing this process, and policy debates that have emerged in light of the expansive uses of arbitration. Through readings, videos, written assignments, group discussions, class exercises, and small group simulations, students will study several arbitration topics, such as the definition of arbitration; the different stages of an arbitration proceeding; the ethical duties of participants in the arbitration process; different settings for arbitration, such as commercial, consumer, employment, sports, securities, and international arbitration; arbitral immunity; the structure, key features, and preemptive effect of the Federal Arbitration Act; the formation and drafting of arbitration agreements; defenses to arbitration; what claims are or should be subject to arbitration; the separability doctrine; the competence-competence principle; class action arbitration; and judicial enforcement and review of arbitral awards.