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James R. Ferguson : Courses and Seminars

Arbitration in the United States
LAWS 96404
This seminar focuses on arbitration as a method of alternative dispute resolution in the United States. The seminar will explore the advantages and disadvantages of arbitration as compared to both mediation and litigation in the courts. The seminar will also address the statutory basis for U.S. arbitration; the nature and scope of arbitral jurisdiction; the nature of the arbitral process; techniques of effective advocacy in arbitral hearings; the enforcement of arbitral awards; and judicial review of arbitral proceedings. Students will also review a series of recent Supreme Court decisions in which the Court has limited the scope of judicial review of arbitral awards and clarified the ways in which arbitral agreements can limit liability (for example, by barring class actions).
Winter 2014
James R. Ferguson