Myths, Realities, Pitfalls and Advantages of Binding Arbitration
September 24, 2020
Time: 12:00 PM - 1:00 PM
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Presented by: Joe Cavasinni, Hall and Evans
Mandatory arbitration clauses are prevalent in many standard design and construction contracts, including AIA contracts. Claims professionals are bound by the insured's agreement to submit disputes to binding arbitration, including the obligation to defend and indemnify the insured. Knowing and understanding the myths, realities, advantages and disadvantages of the binding arbitration process will provide the claims professional with a comprehensive understanding of the process and equip them with tools to effectively and efficiently manage the process to avoid unpredictable results and achieve the best outcome possible.
From the perspective of a trial attorney and construction arbitrator, this session will focus on the Federal Arbitration Act; challenges to arbitrability of disputes; modification, enforcement and appeal of arbitration awards; contract provisions affecting arbitration procedures and arbitration fees/expenses; procedures and rules governing the arbitration process; pros and cons of the binding arbitrations; dispositive motions and other available relief in arbitrations; scope of permitted discovery in arbitration; the Arbitrator's role and authority in the arbitration process; methods of presenting testimony at the arbitration hearing; and insightful practice pointers.
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