Construction Super Conference 2018

Sessions Speakers Exhibitors Floor Plan Buzz

S03 ABA - SCOTUS Swings the Pendulum Back in Favor of Arbitration: Ensure That Your Next Arbitration Clause Is Effective and Enforceable (Room Encore Ballroom 7)

10 Dec 18
2:30 PM - 3:45 PM

Tracks: Business, Business, Business, Business, Business, Business, Business, Business, Digital Decorating

Recent decisions, statutes and regulations have prohibited the use of mandatory arbitration provisions in contracts beyond those for consumers and employees. However, SCOTUS’ recent decision in Kindred Nursing Centers v. Clark, holds that any rule singling out arbitration clauses for special treatment is hostile to the Federal Arbitration Act and invalid.  Join the discussion on what guidelines should be followed to draft an enforceable arbitration clause and to guarantee an effective arbitration.

Upon completion of this session, participants will be able to:

  • Demonstrate how the U.S. Supreme Court's decision in Kindred Nursing Centers v. Clark provides guidance for drafting enforceable arbitration clauses.
  • Provide check list for recommended content of arbitration provisions.
  • Reinforce essential provisions to be included for an effective arbitration.

Presented by: ABA