Post-Arbitration Judicial Proceedings: Implementing Badgerow v. Walters and Returning to State Court
How Badgerow May Shift the Balance of Power When Vacating or Confirming an Arbitration Award
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explore the significant changes in post-arbitration proceedings after the U.S. Supreme Court's rejection in Badgerow of "look through" federal jurisdiction. The program will address how the nature of post-arbitration review has been altered and what moving a substantial number of petitions for confirmation or vacatur off federal court dockets and onto those of state courts means. The program will offer insights about what practitioners should consider, including where to pursue either confirmation or vacatur of an arbitration award.
- The bases for confirming an arbitral award
- The bases for seeking vacatur of an arbitral award
- Arbitrator bias
- Arbitrators exceeding their authority
- Arbitrator refusal to hear pertinent evidence
- Cross-petitions for confirmation and vacatur
- Jurisdictional and procedural issues in seeking judicial review of an arbitral award
- Timing limitations
- Seeking further review by an appellate court
The panel will review these and other key issues:
- Are federal courts available to confirm or vacate arbitration awards?
- Can post-judgment relief procedures be used to alter arbitration awards?
- How will counsel need to adjust their strategies for post-arbitration proceedings in state court?
- What should counsel consider when seeking appellate review?
- When does a federal court have an "independent jurisdictional basis" to petition a federal court for arbitral relief?
Aaron F. Jaroff
Mr. Jaroff focuses his practice on financial services litigation, advising a wide variety of commercial and investment... | Read More
Mr. Jaroff focuses his practice on financial services litigation, advising a wide variety of commercial and investment banking institutions, corporations, funds, and individuals in all phases of complex commercial and securities matters. He has represented corporate and financial sector clients in both class and individual actions in state, federal, and bankruptcy courts, arbitration, and in regulatory and internal investigations. Mr. Jaroff also has a robust practice counseling businesses, funds and portfolio companies, lenders, independent sponsors, and financial advisors in post-acquisition and contractual disputes, with experience litigating claims on behalf of both buyers and sellers and in connection with representation and warranty insurance coverage.Close
Bradley R. Kutrow
Mr. Kutrow is a partner in the firm's Financial Services Litigation Department and is co-chair of the firm's... | Read More
Mr. Kutrow is a partner in the firm's Financial Services Litigation Department and is co-chair of the firm's Appeals and Issues group. He has broad experience in complex litigation, with emphasis on business torts, finance, securities, and products liability. Mr. Kutrow is listed in The Best Lawyers in America in seven different litigation categories: Bet-the-Company Litigation, Commercial Litigation, Banking and Finance, Securities, Personal Injury, Product Liability, and First Amendment. His clients include banks, financial services firms and manufacturers.Close
Alexander M. Madrid
Mr. Madrid has a broad range of litigation and regulatory experience representing financial institutions and other... | Read More
Mr. Madrid has a broad range of litigation and regulatory experience representing financial institutions and other corporate clients, with a specific focus on representing broker-dealers in regulatory and enforcement actions, arbitration, and litigation.Close