AAA Rules and recent cases interpreting the Federal Arbitration Act significantly expand the powers of arbitrators to rule on important issues such as jurisdiction, arbitrability, defenses, and on the authority of arbitrators to streamline the proceedings. In addition, the U.S. Supreme Court has greatly expanded the reach of the FAA and its preemptive effect on state law. As a result, parties and their lawyers will likely see courts referring more claims and defenses to arbitration, and less time and expense incurred in obtaining an award.
This 90-minute recorded webinar paints a clear picture of the FAA and judicial landscape as it affects the handling of construction arbitration agreements and construction claims in arbitration. Advocates will be better prepared to draft contractual arbitration clauses for clients and to enforce or oppose arbitration of construction claims. Arbitrators will have a better understanding of their powers and discretion under the FAA and AAA Rules.
Areas covered include—
- the broad application of the Federal Arbitration Act to construction contracts
- the FAA’s pre-emptive impact on state construction laws
- determination of arbitrability issues: court or arbitrator?
- construction arbitrability issues referred to arbitrator
- judicial review of arbitration awards and grounds for vacatur
- vacatur of awards for arbitrators exceeding their powers
- consolidation and joinder
- trends in class action waivers for wage and hour claims
WHO WOULD BENEFIT FROM THIS PRESENTATION – Arbitrators, construction litigators, advocates, academics, and anyone interested in the dispute resolution process.
What others are saying about this presentation...
"Worthwhile even for the experienced arbitration advocate or arbitrator."
"All construction arbitrators should attend this presentation - especially with the same excellent faculty."
"I will tell you that without question this was the best on line course and the presenters were the two best presenters I have experienced with AAA. The content and presentation were first rate."
^ 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.
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. If you have a "My Profile" account on this site, you can also launch the course from your Transcript page.
THIS COURSE IS COMPATIBLE WITH SAFARI.
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.
AAA Education Services at AAAEducation@adr.org or