On Tuesday, May 17, 2022, partners Ellen Oberwetter and Chris Manning will participate in the webcast “To Arbitrate or Not” with the Association of Corporate Counsel (ACC). Arbitration is often advertised as a faster and less expensive alternative to traditional litigation in court. However, contracting parties often include arbitration clauses in agreements as a matter of course, without full consideration of the potential advantages and disadvantages of arbitration and other critical factors that could impact their particular situation should a dispute arise. This program will provide an overview of potential pros and cons of arbitration, strategic considerations and pitfalls to avoid in deciding whether and how to include an arbitration clause in a contract, and whether to invoke arbitration when a dispute arises. The panel will explore issues such as:
- Cost comparisons to traditional state or federal litigation
- The pros and cons of litigating “behind closed doors”
- Legal and policy constraints on the use of arbitration clauses, including the permissibility of arbitrating matters brought as class or mass actions
- Factors to consider in drafting an arbitration clause
- Selection of an arbitration organization
- Arbitrator selection
- Availability of party and non-party discovery
- Evidentiary considerations
- Arbitral awards, interim relief, enforcement, and appealability
Time: May 17, 2022 12:30 PM - 2:00 PM
Location: Via webcast
CLE Credits: 1.5 Hours VA MCLE
Registration: To learn more and register for this webcast, click here.
Ellen and Chris are co-chairs of Williams & Connolly’s Arbitration practice group. In recent years, Ellen’s primary areas of practice have included patent and licensing disputes, legal malpractice matters, and bankruptcy litigation. Many of her matters over the years have been litigated through arbitration. Ellen also serves as Chair of the firm’s Bankruptcy Litigation practice group. Chris handles high-stakes commercial disputes litigated before courts and arbitral institutions, and matters involving the False Claims Act, the Foreign Corrupt Practices Act (FCPA), and the Anti-Terrorism Act. Chris also serves as Co-Chair of the firm’s Foreign Corrupt Practices Act practice group and as Co-Chair of the Qui Tam (False Claims Act) Subcommittee of the ABA Criminal Justice Section’s White Collar Crime Committee.