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 →

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Third Parties Fail To Force Arbitration in Three Circuits

By Liz Kramer | September 21 2017

Scope of Arbitration Agreement The “Summer of Arbitration” draws to a close tomorrow, if you can believe it.  (On the first day of fall, it is supposed to be 91 degrees in Minnesota.  Yikes.)  But before I close that chapter, let’s take a look at a theme that emerged in these last weeks: non-signatories losing their attempts to compel...

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Lessons From Two Auto Dealer Arbitrations About Nonsignatories

By Liz Kramer | September 10 2017

Scope of Arbitration Agreement In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly enforced.  No third party can enforce the arbitration agreement. In Nissan N. Am. v. Scott, 2017 WL 3446129 (Ala. Aug....

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Un-Vacated: Nevada Supreme Court Confirms $6.7M Franchise Arbitration Award

By Liz Kramer | August 28 2017

Appealing Arbitration Decisions In a decision that is very skinny on the facts, a unanimous Nevada Supreme Court recently un-vacated a significant arbitration award in a dispute over dental franchises.  In Half Dental Franchise, LLC v. Houchin, 2017 WL 3326425 (Nev. Aug. 3, 2017), the court found the arbitrators did not exceed their power in...

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Uber Uses Arbitration (And Clean Design) To Put Brakes On Consumer Class Action

By Liz Kramer | August 20 2017

Class Arbitration Last Thursday, the Second Circuit found that the arbitration agreement in Uber's Terms of Service was conspicuous enough to be binding and enforceable.  As a result, the claims of a putative class of consumers will be dismissed unless they can show that Uber waived its right to arbitrate their claims.  Meyer v....

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Six Arbitration Trends In 2017 (6th Blogiversary Post)

By Liz Kramer | August 11 2017

Year In Review This is my 290th post at ArbitrationNation and today I celebrate six years of blogging.  Woo hoo -- that's longer than most celebrity marriages!  In honor of the occasion, here are updates on six of the hottest issues in arbitration law so far this year. Agency regulation of arbitration agreements.  On the one...

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Hawaiian Punch: State Supreme Court Stands Up to SCOTUS on Arbitration

By Liz Kramer | August 10 2017

Validity of Arbitration Agreement In January of 2016, SCOTUS granted review of an arbitration case from Hawaii, but summarily vacated and remanded it without analysis.  (Unless you consider "Please read DIRECTV" substantive analysis.)  Here's the risk of that course of action: Hawaii can refuse to change its mind. Last month, in Narayan v. The...

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9th Circuit Approves Class Action In Arbitration

By Liz Kramer | August 7 2017

Class Arbitration Class action arbitration continues to be a hot topic among the federal appellate courts this summer. The 8th Circuit followed the lead of other circuit courts, finding that courts, not arbitrators, presumptively decide whether the parties’ arbitration agreement allows for class arbitration. Catamaran Corporation...

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Second Circuit Vacates Arbitrator’s Class Certification; Finds Perjury Doesn’t Guarantee Vacatur

By Liz Kramer | July 31 2017

Appealing Arbitration Decisions The "Summer of Arbitration" continues. In this edition, I focus on four big recent cases from the Second Circuit.  One vacated an arbitrator's certification of a class action.  A second refused to vacate an award, despite an allegation of perjury.  And the last two relate to nearly 1.7 billion dollars worth of...

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Vermont Says Court Can’t Force Defendant To Start the Arbitration, Plus Arbitration Decisions from Other State Courts

By Liz Kramer | July 17 2017

Year In Review I declare this the Summer of Arbitration. It's not as sexy as the Summer of Love (which is celebrating its 50th anniversary, btw http://www.sftravel.com/summer-love-2017), but there has to be some recognition of the avalanche of arbitration cases on my desk (to say nothing of the regulation changes). Today, I focus...

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CFPB Shows Grit; Issues Rule Curtailing Financial Arbitration

By Liz Kramer | July 10 2017

Class Arbitration, Year In Review The CFPB today issued a consumer-friendly rule that is likely to significantly curtail the use of arbitration in consumer financial agreements.  That rule has two major components.  First, it prohibits institutions from relying on arbitration clauses to avoid class actions.  And second, it mandates the...

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