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by: Manuel Parker


Marketplace > Georgia State University > Law > LAW 7060 > ALT DISPUTE RESOLUTION
Manuel Parker
GPA 3.6

Douglas Yarn

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Douglas Yarn
Class Notes
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This 17 page Class Notes was uploaded by Manuel Parker on Monday September 21, 2015. The Class Notes belongs to LAW 7060 at Georgia State University taught by Douglas Yarn in Fall. Since its upload, it has received 6 views. For similar materials see /class/209882/law-7060-georgia-state-university in Law at Georgia State University.




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Date Created: 09/21/15
Arbitration A What is arbitration I Why use arbitration A Wed Arb law and Film the look and feel of an arbitration Role Play negotiate an arbitration agreement A Monday Arb law A Wednesday start playing arbitrator 9amp9FGIAquot8TATELAW cum Thu an w Wm 5min nun 4 Wu 9 Emu lam F me and r 39 aimquot Hump quurm uuahrp um Distinguished I From Mediation gt Third party has the power to decide after hearing evidence and arguments I From Civil Litigation gt Creature of Contract Control of process exibility of process Choice of decisionmaker no right to jury Control of extent and effect of award Finality of decision but no default award Proceedings are private Arbitrators have no judicial enforcement power Flexible as to applicable norms l l l l l Advantages I Cost I Speed I Privacy I Knowledgable fact nders I Informality process control I Finality and compliance I Less adversarial save relationship U Li J J H J J U J L U Li J J H J J H J L U L Disadvantages I Cost I Speed I Behind closed doors I Arbitrators may apply law incorrectly I Informality no discovery no rules of evidence I Finality and compliance I Just as adversarial U Ll Ll U Ll Ll Ll U Ll L U Ll Ll U Ll Ll Ll U Ll L U Ll HISTORICAL CONTEXT Closeknit communities ethnic religious etc I Labor Guilds to Unions Mercantile Tribunals v Fair Courts courts of pie powder Adaptation of arbitrament Penal bonds to court enforcement Board of Nine New Amsterdam Cotton arbitration and trade association arbitration Securities and other exchanges maritime I Consumer 3 BBB and lemon laws gt Banking stocks health care computers cruise lines A Creature of Contract I Type of arbitral agreement gt Submission or future disputes clause I Scope of agreement gt Broad or restricted narrow I Procedural content of agreement gt Bare or detailed I Administration gt Ad hoc or institutional agency E Sample Agreements Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the applicable Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof We the undersigned parties hereby agree to submit to arbitration under the applicable Rules of the American Arbitration Association the following controversy state brie y We further agree that we will faithfully observe this agreement and the rules and that we will abide by and perform any award rendered by the arbitrators and that a judgment of the court having jurisdiction may be entered upon the award Possible Variations in Content Arbitrators number selection qualifications nationality Conditions precedent interim relief discovery escrow consolidation Locale governing law remedies Confidentiality language rules of evidence bifurcation Award provisions written opinions arbitral appeal fees and expenses Negotiate Arbitration Agreement Bank odds Retailer evens Pairings Will be poeted on website Function of arbitration law Enforce agreement and award I From judicial hostility to modern arbitration act I Elements of a modern arbitration act gt Validity of agreements submissions and clauses Signature usually not required gt Access to court Stay litigation compel arbitration Stay arbitration gt Court support of process Appoint arbitrators Enforce subpoenas Function of arbitration law Enforce agreeement and award I Elements of a modern arbitration act con t gt Provides essential arbitrator powers Set time and place for hearing subpoena procedural power gt Provides minimal due process Notice and right to be heard gt Enforces award Time to award Con rmation Modi cation Vacatur Clause validity Grounds for vacatur Lin mforcement Arbitrability Arbitrability What law applies Substantive Prima Paint Southland Federal Volt TerminiX Mastrobono Procedural State Public policy exceptions USAA GAC Federal causes of action employment Consumers real estate med mal etc Grounds to vacate Statutory Case law overste 39 orit procure fg ld y manifesdisregarabth aw deniedmobdmard arbitramnhpricious SECTION 1 This Act shall be known and may be cited as the quot2003 Fairness in Arbitration Actquot SECTION 2 Code Section 9913 of the Official Code of Georgia Annotated relating to vacation of award by court application grounds rehearing and appeal of order is amended by striking subsection b and inserting in lieu thereof the following quotb The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court nds that the rights of that party were prejudiced by 1 Corruption fraud or misconduct in procuring the award 2 Partiality of an arbitrator appointed as a neutral 3 An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made or 4 A failure to follow the procedure of this part unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection or 5Thearbitrator smanifestdisregardofthelawquot E Additional cases to read Contrast Primerica Financial Services V Wise 217 Ga App 36 456 SE2d 631 1995 with Columbus Anesthesia Group PC V Kutzner 218 Ga App 51 459 SE2d 422 1995 In this same context read Citizens Bank V Alafabco Inc US 123 S Ct 2037 156 LEd 2d 46 2003 The following cases address the problem of separability Green Tree Financial Corp V Bazzle US 123 SCt 2402 156 L Ed 2d 414 2003 Howsam V Dean Witter Reynolds Inc 537 US 79 123 S Ct 588 158 L Ed 2d 491 2002 Pacificare Health Systems Inc V Book US 123 S Ct 1531 155 L Ed 2nd 578 2003 Stewart V Favors Ga App 590 SE2d 186 2003 Gilmer V InterstateJohnson Lane Corp 500 U S 20 111 S Ct 1647 114 L Ed 2d 26 1991 Cole V Burns International Security Services 105 F3d 1465 DC Cir 1997 Circuit City Stores Inc V Adams 532 US 105 121 SCt 1302 149 LEd2d 234 2001 Regarding the standard for vacatur of quotmanifest disregard of lawquot See Ha11igan V Piper J affray Inc 148 F3d 197 2nd CirNY and compare to Montes V Shearson Lehman Bros Inc 128 F3d 1456 11th CirF1a 1997 See Progressive Data Systems Inc V Jefferson Randolph Corp 275 Ga 420 568 SE 2d 474 2002


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