November 16, 2022, 12-1 PM live GoToWebinar by Patricia H. Thompson, FCIArb, JAMS and Glenn J. Waldman, AAA, AHLA, FINRA, CPR, ARIAS. Course number 6409 is approved for 1 General; 1 Appellate Practice CLE credit. Section members register for only $50. REGISTER
It is a myth that there is no right to appeal an arbitration award! Too few corporate and outside counsel understand the circumstances that give rise to the right of judicial or private appeal in arbitration. Part I of this webinar informs when and how parties can insure review of arbitration awards. Part II of this webinar informs the grounds for an appeal and the limitations thereof.
- PART 1 – Patricia Thompson
Contracting for the Private Right of Appeal: Legality, timing, sample language, standard of review; and choice of arbitral organization and rules.
o Private appeals should be fast. In an arbitration appeal, there are no crowded appellate dockets, motion practice, or months of delay for briefing, oral argument, and waiting for an appellate decision.
o Private appeals should be cost effective. Time is money, and the parties could opt for one arbitrator for the underlying dispute, knowing that they can obtain review by three more on appeal.
o Private appeals should be final. JAMS procedures prohibit remand for further hearing or “retrial” and limit the appellate panel’s authority to affirming, reversing, or modifying an award.
o Private appeals should ensure an arbitration will be expertly and fairly adjudicated. - PART 2 – Glenn Waldman
o The standard of review applicable to final awards
o The timing of the right to an appeal of vacatur of a final award (and remand thereof)
o Modification and/or correction of final awards
o Vacatur of final awards due to arbitral misconduct
o Vacatur of final awards due to exceeding arbitral powers
o Vacatur of final awards based upon errors of fact and/or errors of law
o Vacatur based upon manifest disregard of the law - Questions & Answers (5 minutes)
Patricia H. Thompson, Esq. is an experienced JAMS arbitrator and mediator concentrating her practice in construction claims, employment discrimination, wage and non-compete disputes, fidelity and business insurance coverage analysis, and other complex commercial disputes. Regularly listed in The Best Lawyers in America, Chambers USA Guide to America’s Leading Business Lawyers, The International Who’s Who of Construction and Business Lawyers, Ms. Thompson is a fellow of both the American College of Construction Lawyers and the Chartered Institute of Arbitrators, and a member of Arbitral Women.
Glenn J. Waldman, Esq. has been practicing law primarily in Florida’s state and federal courts (including appellate courts) for 40 years.
Glenn has been a certified mediator in state and federal court for over 30 years; and as an arbitrator, he is certified by the American Arbitration Association (AAA), American Health Law Association (AHLA), AIDA Reinsurance and Insurance Arbitration Society (ARIAS), International Institute for Conflict Prevention & Resolution (CPR), and the Financial Industry Regulatory Authority (FINRA).
He serves as an adjunct to the faculty of the AAA and AHLA for training new arbitrators and for continuing education of existing arbitrators.
He is a Member of the Executive Council of The Alternative Dispute Resolution Section of The Florida Bar and is a frequent lecturer on arbitration and mediation topics.
Glenn is also regularly appointed by Courts to serve as a Special Master, General Magistrate, Custodian and/or Attorney Ad Litem in complex commercial disputes.