Conflict Resolution

Drafting Arbitration Clauses Post-Hall Street

The ABA Annual Meeting will be held at the end of this month in Chicago and I note that the ADR Committee of the Business Law Section has arranged a top-notch, highly timely presentation. 

Fordham professor Hiro Aragaki and litigator Marc Goldstein of New York City will join Committee Chair Larry Graves to consider: “Does Your ADR Clause Need Changing After Hall Street?  The U.S. Supreme Court, in deciding Hall Street Associates, LLC v Mattel, Inc. (2008), cast doubt on the doctrine of manifest disregard of law as a defense to recognition and enforcement of arbitral awards. This program will consider the basis for concluding that the defense is unavailable, and focus on best practices for transactional attorneys drafting clauses in both a domestic and international context.

The topic is practical and timely – just this past month, the Fifth Circuit (with retired Associate Justice O’Connor sitting on the panel) ruled that Hall Street precluded any non-statutory basis for judicial reversal of an arbitral award.  (Saipem America v. Wellington Underwriting Agencies)

This session will take place on Sunday, August 2 at 8:00 a.m. (ugh!) at the Sheraton, Michigan Room A & B.  You will not want to miss it.

The Business Law Section ADR Committee itself will meet on Saturday August 1 at 1:00 p.m. at the Sheraton, Parlor G, Level 3.  I have always been partial to the ADR efforts of the Business Law Section for the simple reason that the Business Law Section is where the clients are.  If you feel the same way, I encourage you to join us and come with ideas and energy.  It’s a great time to advocate cost-savings methods to clients and colleagues.

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