Neal M. Eiseman will present “Red Flags & Risk Areas for Arbitrators” for the American Arbitration Association. The program — to be held on October 25, 2017 — is part of the AAA’s Arbitrator Continuing Education (“ACE”) series of courses available to the Association’s commercial, construction, and employment arbitrators.
The event will provide a review of trends observed in cases where a losing party seeks to vacate an arbitration award because the arbitrator allegedly exceeded his or her powers. The course is built primarily on two studies. The first is a review of every case, state and federal, published and unpublished, reported between January 1, 2004, and October 31, 2004, in which a party sought to vacate an arbitration award on any of the available grounds. The second is a review of all reported cases, nationwide, state and federal, decided to use the period from July 2014 through July 2015 in which vacating of the award was sought on the ground that the arbitrator allegedly exceeded his or her powers. Together the two studies highlight several ‘red flags’ and ‘risk areas’ which arbitrators should approach with special care and attention.
In addition to the ‘red flags and risk areas’ revealed by the studies, the course presents additional areas of concern for arbitrators. These include, for example, late amendments to claims; deciding issues not submitted to arbitration; and ordering a remedy that is not included in the contract.
Eiseman, a mediator and arbitrator with the AAA, speaks and publishes regularly on topics in dispute resolution. He is currently Chair of the ABA’s Committee on Arbitration, as well as a Fellow in the College of Commercial Arbitrators.