Mass Arbitration: Processing Claims; Managing and Securing Information; Resolving Underlying Disputes

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, March 3, 2022

Recorded event now available

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Course Materials

This CLE course will guide class action counsel through the logistics and considerations of managing hundreds or thousands of individual arbitration proceedings filed against a defendant alleging the same or similar claims.

Description

Class action waivers and mandatory arbitration clauses in consumer and employment contracts frequently result in hundreds or thousands of simultaneous individual demands for arbitration. Counsel must have multiple strategies at work, including procedures for receiving and analyzing each claim, managing a deluge of information, and anticipating arbitrability disputes.

Attorneys used to federal or state civil litigation must learn the procedural and evidentiary rules of multiple arbitration providers. The matter can get more complicated if the parties have contracted for different rules. Counsel also may wish to borrow procedures from the class action and multidistrict litigation arenas. Once decided, counsel must know how these procedures will be enforced.

Listen as this panel of attorneys experienced with mass arbitration review procedures developed in response to this phenomenon discuss how to coordinate hundreds or thousands of cases.

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Outline

  1. Rise of mass arbitration
  2. Receiving, analyzing, managing, and securing claims and information
  3. Managing mass arbitration
    1. Rules
    2. Selecting arbitrators
    3. Hearings or summary resolution
    4. Substantive law
    5. The value of precedent
    6. Binding effect
  4. Settlement considerations
  5. How to discourage the filing of a mass arbitration

Benefits

The panel will review these and other pivotal issues:

  • What are the rules for mass arbitration established by arbitration providers?
  • How are arbitrators chosen in mass arbitrations?
  • What Rule 23 or MDL procedures are valuable and available in mass arbitrations?
  • Are there any fee-shifting considerations in mass arbitrations?
  • Are the results of one arbitration binding on others?

Faculty

Herrington, Robert
Robert J. Herrington
Co-Chair, Class Action Litigation Group
Greenberg Traurig

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false...  |  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

McCarthy, Michael E.
Michael E. McCarthy
Shareholder
Greenberg Traurig

Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in...  |  Read More

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