Commercial and Labor Arbitration

Professor Sarah Rudolph Cole
Thursday 2-4, Friday 2-3; Room 246
Office: Room 302
Phone: 688-4918

Required Text: Compiled materials

Grading: Grading in the course will be based on the following structure:


Week One – Introduction to Arbitration

January 9 (Th) Introduction to Arbitration. Distribute Barbering Pirates. Read pp. 2-12 and Appendicies A and B (Federal Arbitration Act and Uniform Arbitration Act). Be prepared to discuss problems 4.1, 4.2 and 4.4.

January 10(F) Discuss Barbering Pirates problem, video.

Week Two – Preemption

January 16(Th) Preemption, Group reports assignment; Read pp. 12-21 and full Southland v. Keating pp. 77-85. Discuss problems 4.5-4.7.

January 17(F) Read Appendix D, the RUAA. Read pp. 21-24. Read Blue Cross, pp. 129- 43. Discuss class actions and arbitration.

Week Three – Arbitrability

January 23(Th) Arbitrability Read pp. 24-30 and Howsam (pp. 124-28).

January 24(F) Arbitrator Ethics. Read Appendicies C and E and pp. 72-75. Discuss Arbitrator Ethical Quandaries.

Week Four – Group Reports on the RUAA

January 30(Th) Group Reports

January 31(F) Group Reports

Week Five – Arbitration of Statutory Claims

February 6(Th) Arbitration of Statutory Claims; read pp. 30-38 and Wilko, Gilmer and Alexander v. Gardner-Denver (pp. 86-119).

February 7(F) Arbitration of Civil Rights Claims; Read pp.38-45 and Wright (pp. 120-23).

Week Six – Arbitration of Statutory Claims

February 13(Th) Arbitration of Statutory Claims cont’d. Read pp. 45-55.

February 14(F) Unconscionability. Read pp. 55-62.

Week Seven – Judicial Review and Drafting

February 20(Th) EEOC role in arbitration; Judicial Review of Arbitration Awards; Read pp. 62-72.

February 21(F) Drafting Arbitration Agreements; Read Appendix F.

Week Eight – Drafting Arbitration Agreements

February 27(Th) Receive drafting problem; break into groups to dissect agreement

February 28(F) Discuss findings from drafting exercise; prepare to draft new agreement

Week Nine – Arbitration Hearing Process

March 6(Th) Arbitration Hearing Procedures; Labor Arbitration research; Opinion writing; Read Section Two; Readings on Arbitration Hearing Process.

March 7(F) Hearing procedures cont’d.

Week Ten – Arbitration Hearing Process

March 13(Th) Drafting exercise due; Arbitration Hearing Procedures cont’d.

March 14(F) Hand out first hearing assignment

Week Eleven – Guest Speakers; Prepare for First Hearing

March 20(Th) Prepare for first hearing

March 21(F) Guest speaker

Week Twelve – Spring Break

Week Thirteen – First Hearing

April 3(Th) 1st hearing

April 4(F) 1st hearing cont’d

Week Fourteen – Prepare for Second Hearing

April 10(Th) Prepare for second hearing

April 11(F) Guest speaker

Week Fifteen – Second Hearing

April 17(Th) Second hearing (Arbitrator opinions for 1st hearing due)

April 18(F) Second hearing. Receive final assignment – post-hearing brief.

Arbitrator opinions from second hearing due May 2. Post-hearing briefs due last day of finals, May 8.

Copyright 2003 Sarah Rudolph Cole. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.