NADC 2013 Fall Conference

Session 4: Arbitration Update


Monday, October 7, 2013 - 8:30pm to 9:30pm


Trump International Hotel & Tower
401 N. Wabash Avenue
Chicago, IL 60611


Online resources: 

Christian J. Scali will be speaking to National Association of Dealer Counsel members about the law concerning the enforceability of consumer arbitration agreements and best practices for drafting such agreements. Automobile dealers and finance companies were slow to embrace mandatory arbitration as a means of reducing class action and other risks. This session will describe the early development of arbitration agreements and their acceptance by the industry, and will describe how drafting techniques have evolved over the years to meet changing theories of unenforceability advanced by the plaintiffs’ bar. The session will also explore several recent court decisions that have impacted arguments for and against the enforcement of consumer pre-dispute arbitration agreements. Decisions expected in the next year will further clarify the enforceability of these agreements. This session is a deep dive into arguments for and against enforcement of pre-dispute arbitration agreements to guide drafting of effective arbitration agreements and to provide effective arguments for the enforcement of these agreements when they are challenged in court.