Arbitration is an increasingly popular form of alternative dispute resolution. One of its perceived advantages is its avoidance of court, yet the past decade has seen an explosion of judicial decisions about arbitration procedure and enforcement. This course will examine the development of United States arbitration law under the Federal Arbitration Act, with particular emphasis on the practical aspects of how to design, run, win and enforce an arbitration award. Among the issues we will study are:
· Arbitration as creature of contract: The creation of an arbitration clause.
· When is a dispute arbitral and when will courts enforce and not enforce arbitration clauses? How active should the courts be in altering what the parties have agreed to arbitrate? Are class action waivers bad public policy or good contract enforcement?
· Commencing the arbitration: How are arbitrators selected, and when are arbitration bodies such as the American Arbitration Association and the London Court of International Arbitration involved?
· What is the proper scope of an arbitration?
· Arbitrating your case: How is an arbitration actually conducted and how is this similar to and different from litigation? What is arbitration procedure for briefs, witnesses, discovery and other mechanics?
· How does arbitration differ from other forms of “alternate dispute resolution?”
· How are arbitration awards enforced?
· Public policy: Advantages and disadvantages of arbitration vs. litigation.
The course will examine published cases and materials and also perform in-class exercises based on contemporary arbitration issues.
*Yes means professor requires everyone in the course to submit a substantial research paper (which is the requirement standard in Academic Policies), so no paperwork required to be submitted to SRO. No means student must timely submit paperwork to SRO if intending to use a paper in this course to satisfy the Writing Requirement.
**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.