ACC NCR To Arbitrate or Not

Arbitration is often advertised as a faster and less expensive alternative to traditional litigation in court.  However, contracting parties often include arbitration clauses in agreements as a matter of course, without full consideration of the potential advantages and disadvantages of arbitration and other critical factors that could impact their particular situation should a dispute arise.

This program will provide an overview of potential pros and cons of arbitration, strategic considerations and pitfalls to avoid in deciding whether and how to include an arbitration clause in a contract, and whether to invoke arbitration when a dispute arises.  This panel will explore issues such as: 

·  Cost comparisons to traditional state or federal litigation

·  The pros and cons of litigating “behind closed doors”

·  Legal and policy constraints on the use of arbitration clauses, including the permissibility of arbitrating matters brought as class or mass actions

·  Factors to consider in drafting an arbitration clause

·  Selection of an arbitration organization

·  Arbitrator selection

·  Availability of party and non-party discovery

·  Evidentiary considerations

·  Arbitral awards, interim relief, enforcement, and appealability

Presented by Christopher N. Manning and Ellen E. Oberwetter, Partners at Williams & Connolly LLP, Angela (Anji) Foster, Certified Mediator and Arbitrator at Silicon Valley Arbitration & Mediation Center and Patrick Chaing, Associate General Counsel at Sallie Mae Bank.

1.5 Hours of VA MCLE pending.