Arbitration Process, Procedure and Drafting Techniques

Arbitration Process, Procedure, and Drafting Techniques

Course Description: 

Arbitration is an increasingly popular alternative to traditional litigation, offering efficiency, cost savings, and confidentiality. This CLE program provides an in-depth look at the arbitration process, agreement structuring, and post-award procedures. Participants will gain practical insights into arbitration rules, procedural requirements, and best practices for ensuring enforceable awards. 

This course is designed for attorneys who advise clients on arbitration clauses, represent parties in arbitration, or serve as arbitrators. It will cover key arbitration concepts, agreement drafting tips, procedural requirements, and how to confirm or vacate an award under the Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA). 

Learning Objectives: 

• Understand the arbitration process, including different types of arbitration. 
• Learn how to draft and interpret arbitration agreements effectively. 
• Explore the procedural steps from filing a claim to final award issuance. 
• Identify grounds for confirming, vacating, or modifying arbitration awards. 
• Apply best practices to protect arbitration awards and avoid common pitfalls. 

Agenda

I. Introduction to Arbitration  

• Definition and key characteristics of arbitration. 
• Benefits of arbitration: Speed, cost-effectiveness, confidentiality, and expertise. 
• Different types of arbitration: Standard, High-Low, Baseball, Binding, Nonbinding.

II. Arbitration Process and Procedure 

• • Filing a claim and serving the respondent. 
  • Pre-hearing procedures: Scheduling, discovery limitations, and motions. 
  • Arbitration hearings: Oral vs. document-only proceedings. 
  • Types of awards: Standard, Reasoned, and Findings of Fact. 

III. Drafting and Enforcing Arbitration Agreements 

• Key components of arbitration agreements. 
• Choice of law: FAA vs. State Law (Uniform Arbitration Act). 
• Selecting arbitrators: Single vs. panel arbitration, appointment methods. 
• Discovery limitations, confidentiality provisions, and procedural rules. 
• Enforceability considerations: Survivorship clauses, class action waivers, and delegation clauses. 

IV. Post-Award Process: Confirmation, Modification, and Vacating  

• • Confirming an arbitration award as a judgment. 
  • Grounds for vacating an award under FAA Section 10 and 435.405 RSMo.
  • Modifying an award for miscalculations or clerical errors. 
  • Practice tips for protecting arbitration awards from challenges. 

V. Best Practices and Practical Takeaways

• • Drafting arbitration agreements to withstand judicial scrutiny. 
  • Common mistakes and how to avoid them. 
  • Ethical considerations for attorneys and arbitrators. 

Originally recorded October 29, 2024.

Web broadcasts available on-demand are not accredited in Missouri and may only be utilized by lawyers for self-study. Up to six self-study hours may be reported by lawyers in one compliance year and may not include ethics or diversity, inclusion, cultural competency or explicit and implicit bias credit.