Understanding the Intersection of the Bankruptcy Code and its Impact on Arbitration Agreements

Presented by: NYSBA – Dispute Resolution Section, Domestic Arbitration Committee, and Commercial and Federal Litigation Section

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Program Date:  April 8, 2024 @ 6-7 pm; in-person networking to follow. 

Format: Hybrid – ZOOM and In-person at AAA, 150 E. 42^nd St., NY, NY

Intended audience: NYSBA member or not: Dispute Resolution Section; Commercial & Federal Litigation Section; Corporate Counsel; Trial Lawyers; New Lawyers.  

Complimentary Informational Program 

Program Description:

The Program will cover the basic tenets of the Federal Arbitration Act and its underlying policy as it applies in cases under the Bankruptcy Code. We will review key decisions governing whether and when courts exercising bankruptcy jurisdiction can enter orders to preclude arbitration and discuss possible scenarios when the conflict between the FAA and the Bankruptcy Code may arise in the future. While the Program will focus primarily on Second Circuit caselaw, it will cover as applicable seminal Supreme Court cases. Questions such as who has the burden of proof to overcome or enforce an arbitration provision will also be addressed, as well as recent cases granting/denying relief from the Bankruptcy Code's automatic stay to allow for arbitration to proceed.

Moderators and Panelists: 

Leslie A. Berkoff, Esq.: Arbitrator and Mediator; Partner at Moritt Hock & Hamroff LLP

Hon. Robert D. Drain: Retired U.S. bankruptcy judge for the Southern District of New York, presiding over many impactful business and consumer cases.  Of counsel at Skadden, Arps, Slate, Meagher & Flom LLP