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Why Is Arbitration Ideal for Resolving Cannabis Industry Disputes?

Why Is Arbitration Ideal for Resolving Cannabis Industry Disputes?

Why Is Arbitration Ideal_675

Why is Arbitration Ideal for Resolving Cannabis Industry Disputes?
This is a virtual program. 

Please note the following time zones during which this program will take place:

ET – Eastern Time: 12:00 p.m.
CT – Central Time: 11:00 a.m.
MT – Mountain Time: 10:00 a.m.
PT – Pacific Time: 9:00 a.m.

Speed (AAA to provide stats on case disposition) 

•    Cannabis plants lose value when it sits

•    Limited Discovery v Courts 

•    Emergency Relief (R-38 Interim Measures and R-39 Emergency Measures of Protection) 


•    Maintain Trade Secrets, IP, and Proprietary Business Information/Practices

•    Preserve Business Relationships

Subject-Matter Expertise

•    Judges and Juries typically lack familiarity with industry practices

•    Judges and Juries may have biases against the industry 

Access to Justice 

•    State Courts are Accessible

•    Restricted Accessibility to Federal Courts including Bankruptcy Courts

What types of agreements can arbitration clauses be incorporated in? 

•    Partnership/Joint Venture Agreements

•    Product Wholesale Agreement

•    IP/Licensing Agreements

•    Equipment Leases

•    Manufacturing Agreements

•    Extraction/Infusion Agreements

•    Security Agreements

•    Consultant Agreements 

•    Construction and Real Estate Agreements 

•    Employment Promulgated Plans and Executive Contracts 

What are some of the challenges that arbitrators have seen when arbitrating Cannabis disputes? 

•    Conflicting contracts

•    Course of conduct 

•    Conflicting arbitration clauses

•    Proper Parties 

•    Arbitration Clauses that provide for full discovery and application of FRCP

•    Counsel that lack experience with arbitration 

•    Fulfilling Mediation as a Condition Precedent 

What are some of the tips for drafting arbitration clauses for Cannabis disputes?

•    Overview of the Standard Arbitration Clause 

•    Arbitral Administrator and Rules 

•    Mediation 

•    Choice of Law and Hearing Locale

•    Arbitrator Qualifications and Number of Arbitrators (point out challenges with party-appointed arbitrator selection) 

•    Discovery

•    Confidentiality

•    Duration (3 mos. provisions are typical but rare for parties to be at the ready—realistic time frame is 4-6 months)

•    Document Retention 

•    Scope of arbitrator’s remedies for relief (limitation of damages that are awardable) 

•    Form of Award 

•    Attorney’s Fees and Costs 

•    Arbitration Appeal 

Lance Tananka, Vice President, AAA-ICDR


Kyle-Beth Hilfer, Hilfer Law

Gary Michael Smith, Founding Member, Guidant Law

Tom Downey, Arbitration Panelist of the American Arbitration Association; Board Chair of the Coalition for Cannabis Policy, Education, and Regulation (CPEAR)
If you are having any trouble registering for this event, or can't access your NYSBA account, please contact our Member Resource Center team at 800-582-2452.


SINGLE DAY PROGRAMS (Live, Webcast, Webinars & Video Replays)

Cancellations received more than 3 days from the scheduled program date: 100% refund

Cancellations received between 0-3 days from the scheduled program date: 100% refund (less the $25 cancellation fee) 

Cancellations received after the scheduled program date: No refund

Start Date:
  • September 13, 2023
Start Time:
  • 12:00 PM
End Time:
  • 1:30 PM
Areas Of Professional Practice Credit(s):
  • 1.0
Total Credit(s):
  • 1.0
  • Virtual Participation
  • Webinar
Product Code:
  • 0ND11
Section Member Price: $40.00
NYSBA Member Price: $50.00 Join (or renew) for special member pricing
Non-Member Price: $100.00
Sponsoring Committee Group
  • Commercial & Federal Litigation Section
  • Committee on Continuing Legal Education
  • Cannabis Law Section
  • Dispute Resolution Section