Game-Changing Arbitration Cases: Impacts on Construction Arbitration
2:00 p.m. - 3:00 p.m. (ET)
Registration Fee: $105
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 webinar will paint 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 will 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
- Edward B. Lozowicki, Sheppard, Mullin, Richter & Hampton LLP
- Charles M. Sink, Farella Braun + Martell LLP