Arbitration 2022: Recent Directives From the U.S. Supreme Court, Questions Resolved, Challenges Revealed

Post-Arbitral Proceedings, Enforceability and Waiver, FAA Exceptions, Preemption, and Discovery

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Tuesday, August 2, 2022

Recorded event now available

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Course Materials

This CLE course will guide commercial litigators and arbitration practitioners through the significant changes to arbitration law from several 2022 U.S. Supreme Court decisions. The panel will explore issues resolved, and challenges and opportunities revealed.

Description

In 2022 the U.S. Supreme Court issued several decisions that materially altered long-held assumptions about how far the Court may go in implementing federal policy favoring arbitration under the Federal Arbitration Act (FAA).

In Badgerow v. Walters, No. 20-1143 (U.S. Mar. 31, 2022), the Court narrowed when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration awards shifting many proceedings to state rather than federal court. In Morgan v. Sundance Inc., No. 21–328, (U.S. May 23, 2022), the Court noted that courts cannot impose legal requirements that do not otherwise exist to promote FAA goals. These decisions may lead to questions about whether other arbitration-related rules are subject to potential reinterpretation.

The Court also decided the scope of FAA exemptions, the FAA's preemption clause, and whether 28 U.S.C. 1782 can be invoked in commercial arbitrations and in ad-hoc arbitrations. In doing so, the Court further refined how the FAA is to be interpreted and materially changed and clarified the law.

Listen as this esteemed panel discusses these decisions and their impact on the enforceability and usefulness of pre-dispute arbitration agreements.

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Outline

  1. Overview of FAA
  2. Case analysis and critical applications
    1. Badgerow v. Walters
    2. Morgan v. Sundance
    3. Southwest Airlines v. Saxon
    4. Viking River Cruises v. Moriana
    5. ZF Automotive US v. Luxshare
  3. Effect of Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Benefits

The panel will review these and other vital questions:

  • What other arbitration-favoring rules may be "bespoke" arbitration rules?
  • How have these decisions affected best practices when drafting arbitration clauses?
  • What litigation strategies must change after these cases?

Faculty

Hurd, Steven
Steven D. Hurd
Partner
Proskauer Rose

Mr. Hurd has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged...  |  Read More

Levin, Mark
Mark J. Levin
Senior Counsel
Ballard Spahr

Mr. Levin has extensive experience in arbitration matters and consumer finance litigation. He has published more than a...  |  Read More

Richman, Lisa
Lisa M. Richman
Partner
McDermott Will & Emery

Ms. Richman is head of the Washington, DC office and focuses her practice on international dispute resolution...  |  Read More

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