General Arbitration

Following is the course description as contained in the Manual of Policies and Procedures of Capital University Law School.

General Arbitration (2 credit hours) - An examination of the use of arbitration as an alternate adjudicative process. The following topics will be covered:

  • Compulsory arbitration

  • Binding vs. non-binding

  • Arbitration clauses and contract formation

  • Public policy issues

  • Court-based vs. contractual arbitration

  • International, commercial, labor and consumer arbitration

  • The arbitration proceeding and the Federal Arbitration Act

  • Pre-hearing processes for formal arbitration and alternatives to formal hearings

  • Rules for the Conduct of Proceedings

  • Opening proceedings and conduct of formal arbitration hearings

  • Arbitration decisions, appeal and severability of arbitration clauses.

  • Awards and award writing

  • Costs, appeals and modifying Awards

  • Arbitrability, Jurisdiction and misconduct; Ethics

  • Powers of the Courts and appeals to the Court

  • Special issues including med-arb, rent-a-judge;

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