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SCOTUS on Arbitration: Developments and Trends Forcing Litigators to Think and Strategize Differently

Enforcement of Arbitration Clauses Against Nonsignatories, Escalation Clauses, Role of AI and Machine Learning, Strategies

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 24, 2023

Recorded event now available

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This CLE webinar will discuss recent developments, evolving issues, and trends in arbitration, including ZF Automotive US Inc. v. Luxshare Ltd., ___U.S. ___ (June 13, 2022), and Coinbase Inc. v. Bielski, __ U.S. __, (June 23, 2023), and how they affect both arbitration and litigation strategy going forward. Among other topics, the program will review arbitration against and by nonsignatories, escalation clauses, arbitrability, challenges to enforcement, and the role of artificial intelligence and machine learning on strategy.

Description

The U.S. Supreme Court continues to issue decisions that are of significant importance to the shape and conduct of arbitrations and raise questions on issues such as privacy, time, cost, flexibility, settlement, and finality.

For example, the Court recently held that non-signatories can be forced into arbitration and also compelled to arbitrate. GE Energy Power Conversion France SAS Corp. v. Outokumpu Stainless USA L.L.C., __ U.S. __ (2020). Escalation clauses continue to raise questions about jurisdiction and admissibility.

Artificial intelligence is predicted to be a game changer by allowing parties to predict how arbitrators will rule on a global basis, which means that the decisions/awards now have value as a data asset, a development some contend will make arbitration less private.

Listen as our authoritative panel discusses recent developments, evolving issues, and trends in arbitration, as well as how these will affect litigators and litigation strategy.

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Outline

  1. Recent SCOTUS developments
    1. ZF Automotive US Inc. v. Luxshare Ltd., ___U.S. ___ June 13, 2022)
    2. Coinbase Inc. v. Bielski, __ U.S. __, (June 23, 2023)
  2. Evolving issues and trends
    1. Nonsignatory arbitration
    2. Escalation clauses
    3. Judicial review
    4. Effect of AI in predicting outcomes, detecting biases

Benefits

The panel will review the following key issues:

  • How have recent court decisions changed the arbitration landscape?
  • Should those changes cause parties to approach arbitration or the potential choice of arbitration vs. litigation differently?
  • How will AI affect arbitration?
  • How will recent SCOTUS decisions on arbitration impact litigation and arbitration strategies?
  • Are state courts enhancing review of arbitration awards?

Faculty

Dash, James
James M. Dash
Member/Manager
Carlson Dash

Mr. Dash concentrates his practice in real estate-related litigation, with an emphasis on construction (including...  |  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

Safron, Jonathan
Jonathan S. Safron
Attorney
Carlson Dash

Mr. Safron is a construction/mechanic’s lien litigation attorney at Carlson Dash.

 |  Read More

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