Lessons: Arbitration

There are five exercises designed to give students a basic understanding of what arbitration is and how it is conducted. The first three exercises are useful for preparing students to conduct in-class mock arbitrations in several substantive courses and offer students the opportunity to compare and contrast the effect of arbitrating a simple consumer/construction contract dispute where: 1) there is no arbitral organization or rules, 2) Better Business Rules govern, and 3) American Arbitration Association Small Claims Rules govern.

The fourth and fifth exercises are optional and more complicated, involving disputed sales and real estate brokerage commissions respectively. Both exercises are conducted under the Commercial Rules of the American Arbitration Association. They explore the differences between ad hoc arbitration agreements and those governing future disputes. Moreover, they introduce the relationship between arbitral tribunals and courts which may be called upon to compel arbitration and/or enforce awards.