Arbitration is meant to be an alternate to litigation. Yet arbitration is itself the subject of much litigation over who must arbitrate, what must be arbitrated, whether and how the arbitration should proceed, and the deference courts must show to arbitration awards. This blog is intended to be a resource for litigators, in-house counsel, arbitrators and anyone else who wants to stay on top of the many thorny issues that arise under the Federal Arbitration Act. Our Bloggers →

Latest Posts
FiveAnniversaryRibbon

Five Things That Should Be In Your Arbitration Agreement (Blogiversary Listicle #5)

By Liz Kramer | August 26 2016

ArbitrationNation Roadmaps (primers) I am celebrating my fifth anniversary of blogging by publishing one listicle per day this week, and today is the last one (sniff, sniff). To recap: Monday's topic was the five biggest surprises in arbitration law; Tuesday's was the five states most hostile to arbitration; Wednesday's was the five arbitration...

READ MORE

Number 5. Numbers with origami paper bird on abstract background

Five Biggest Surprises In The Arbitration Process (Blogiversary Listicle #4)

By Liz Kramer | August 25 2016

ArbitrationNation Roadmaps (primers) I am celebrating five years of blogging by publishing one "listicle" per day this week.  Monday, the topic was the five biggest surprises in arbitration law; Tuesday it was the five states most hostile to arbitration; Wednesday it was the five arbitration cases lawyers really ought to know.  Today, we leave case...

READ MORE

FiveofFood

Five Arbitration Cases You Should Know (Blogiversary Listicle #3)

By Liz Kramer | August 24 2016

ArbitrationNation Roadmaps (primers) I am celebrating five years of blogging by publishing one "listicle" per day this week.  Monday, the topic was the five biggest surprises in arbitration law; Tuesday it was the five states most hostile to arbitration.  (None of those states have called me to complain yet...)  Today, it is the five arbitration...

READ MORE

Hand gesture with 5 fingers

Five States Most Hostile To Arbitration (Blogiversary Listicle #2)

By Liz Kramer | August 23 2016

ArbitrationNation Roadmaps (primers) I am celebrating five years of blogging by publishing one "listicle" per day this week.  Yesterday, the topic was the five biggest surprises in arbitration law.  Today, it is the five states where I would not want to argue in favor of arbitration -- either compelling arbitration or confirming an award.  In other...

READ MORE

5twigs

Five Biggest Surprises In Arbitration Law (Blogiversary Listicle #1)

By Liz Kramer | August 22 2016

ArbitrationNation Roadmaps (primers) Do you hear the corks popping, friends??  You should, because the imaginary champagne was just opened and the balloons have been released to the far corners of the internets in honor of ArbitrationNation's FIFTH ANNIVERSARY!  At the end of this week, I will have published 253 posts over the course of five...

READ MORE

A lot of money in piles of coins

Is Refusal To Pay Fees A Way Out Of Arbitration?

By Liz Kramer | August 10 2016

Arbitration Rules/Procedures, Litigation vs. Arbitration The 9th Circuit recently allowed a claimant to proceed in court after her arbitration had been terminated due to her  failure to pay half the arbitration fees. Tillman v. Tillman, __ F.3d __, 2016 WL 3343785 (9th Cir. June 15, 2016). The case involved a client's malpractice claim against her lawyers, which was...

READ MORE

Vector illustration of dictionary

What’s in a Name?: Defining Arbitration Across the Circuits

By Liz Kramer | August 3 2016

ArbitrationNation Roadmaps (primers), Litigation vs. Arbitration What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it.  While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance from the U.S. Supreme...

READ MORE

3d illustration of bright empty classroom with desks and chairs

Federal Courts Teach Arbitration 101 In Recent Opinions

By Liz Kramer | July 26 2016

Waiver of Right to Arbitrate, Year In Review While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics.  In recent weeks, federal appellate courts have reminded parties who has the burden of proving an agreement to arbitrate, what should happen to the case when...

READ MORE

Atlanta Georgia City Skyline Night Silhouette Inside Peach Fruit Illustration

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

By Liz Kramer | July 15 2016

Class Arbitration, Litigation vs. Arbitration, Validity of Arbitration Agreement, Waiver of Right to Arbitrate Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint Is Deemed Arbitration Opt Out For All Class Members In Bickerstaff v. SunTrust Bank,...

READ MORE

Illustration with superhero flying to fight with crime and protect the city drawn in comics style

Three Blockbuster Summer Arbitration Decisions

By Liz Kramer | July 8 2016

Appealing Arbitration Decisions, Scope of Arbitration Agreement, Validity of Arbitration Agreement While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in the making (maybe finally released because the clerks are about to turn over?). Today, I...

READ MORE