Sectors
When a dispute can’t wait for a full arbitration panel to be seated, parties need to know how to secure fast, effective relief. Join us for a lunch and learn covering the practical tools available to protect your interests while an arbitration is pending:
The distinction between expedited relief (sought from the full arbitration panel) and emergency relief (sought from a single arbitrator appointed solely to hear an interim application before the full panel is formed).
How courts have historically exercised equitable power to grant preliminary injunctive relief pending arbitration under the Federal Arbitration Act and the Revised Uniform Arbitration Act, and why a party’s choice to seek court relief is generally not treated as a waiver of the right to arbitrate.
How major arbitral institutions — JAMS, the AAA, and CPR — have amended their rules to authorize interim measures and appoint emergency arbitrators, including the key procedural steps: a written application with notice, rapid (often one-day) appointment of an emergency arbitrator, a compressed briefing schedule, and issuance of an interim award.
The open questions around confirming an interim or emergency award in federal court, including how courts distinguish “final” from “interim” awards and why clear drafting in the arbitration agreement matters.
We’re pleased to welcome Geoff Bracken, a partner at Foley & Lardner LLP, as our featured speaker. Geoff is a seasoned commercial litigator whose practice includes representing clients in complex disputes and arbitration proceedings, and he has direct, hands-on experience with the mechanics of expedited and emergency relief discussed in this session. He authored the chapter on this very topic, drawing on case law under the Federal Arbitration Act and the rules of JAMS, the AAA, and CPR.
We look forward to a candid, practical discussion, and bring your questions about how to move quickly when circumstances demand it.
