ARBITRATION

What is arbitration?  A process of resolving disputes between people or groups by referring them to a third party, either agreed upon by them or provided by law, who makes a decision.  Arbitration is the private determination of a dispute by an independent third party.  An arbitration hearing may involve the use of an individual arbitrator or a tribunal.

CHARACTERISTICS OF ARBITRATION  Can be voluntary –By contract or agreement  Court-annexed  Binding or nonbinding

TYPES OF CASES  LABOR & EMPLOYMENT  COMMERCIAL  CONSUMER  SECURITIES  CIVIL LITIGATION  INTERNATIONAL

SOURCES OF LAW  Federal Arbitration Act 9 U.S.C. §1 et seq. “…but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” “…but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” See Circuit City v. Adams Arbitration Fairness Act of 2009 Arbitration Fairness Act of 2009

SOURCES OF LAW Recent decisions under the FAA Recent decisions under the FAA IN RE NEXION HEALTH AT HUMBLE, INC. D/B/A HUMBLE HEALTHCARE CENTER, RELATOR 2005 Tex. LEXIS 422; 48 Tex. Sup. J Tex. LEXIS 422; 48 Tex. Sup. J. 805 RODERICK CAMPBELL v. GENERAL DYNAMICS GOVERNMENT SYSTEMS CORPORATION AND RICHARD T. SCHNORBUS 407 F.3d 546; 2005 U.S. App. LEXIS F.3d 546; 2005 U.S. App. LEXIS 9360

SOURCES OF LAW  Uniform Arbitration Act (Revised Uniform Arbitration Act)  Other state statutes

HEARING PROCEDURE  Agreement to arbitrate  Pre-hearing conference  Discovery  Hearing  Award

REMEDIES  May be limited by contractual agreement (What if they are guaranteed by law?)  Can arbitrators make awards that the courts could not have made?  Attorneys Fees –UAA §10 No –RUAA §17 Yes where allowed by law or agreement.

VACATUR  Exceeded authority  Corruption or fraud  Partiality  Misconduct (failing to hear evidence)  Manifest disregard of law  Violates public policy  Completely irrational  Essence of the contract