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

Un-Vacated: Arbitration Awards Get Whiplash

By Liz Kramer | January 12 2018

Appealing Arbitration Decisions Two cases recently fit in one of my favorite categories: those awards that get "un-vacated."  These cases went through arbitration, had that arbitration award vacated by a district court, only to have the award later resurrected by an appellate court.  In today's edition, the whiplash happens in both state and...

READ MORE

Are Arbitration Agreements With Attorneys Unenforceable? Maine Says Yes (Mostly).

By Liz Kramer | January 6 2018

Uncategorized, Validity of Arbitration Agreement While I was busy writing deep thoughts about arbitration at the end of 2017 (see here and here), courts around the country rudely kept churning out new arbitration opinions.  Hmph.  So, I have some catching up to do.  I start with one that has most captured my attention, Snow v. Bernstein, Shur, Sawyer &...

READ MORE

Tale of Two Arbitrations: Demonstrating The FAA In Flux

By Liz Kramer | December 20 2017

Year In Review Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis.  Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in its...

READ MORE

The Ten Arbitration Trends Of 2017

By Liz Kramer | December 12 2017

Year In Review 2017 was a big year in arbitration law.  We went from a country that seemed on the verge of banning arbitration in most consumer and employee contracts to a country whose federal policy embraces arbitration in nearly every context.  From my vantage point, here are the ten top developments in the last twelve...

READ MORE

Arbitration Nation Makes ABA Journal’s Blawg Hall of Fame

By Liz Kramer | November 29 2017

Year In Review It's the most wonderful time of the year!  Not just because of the chestnuts roasting and mistletoeing, but because it is when the ABA Journal names the best legal blogs.  Arbitration Nation made it to the Top 100 list for the sixth year running, and remains the only arbitration blog on the list.  Even more...

READ MORE

Arbitration Award For Cabbage Patch Kids Is Confirmed

By Liz Kramer | November 26 2017

Appealing Arbitration Decisions What could be a better subject for a Black Friday weekend post than the Cabbage Patch Kids??!  Especially if you are old enough to remember the 1980s...  Whether you loved or hated the smushed-face dolls, the point of this post is that the 11th Circuit confirmed an arbitration award in their favor, showing...

READ MORE

Resistance Or Retaining Shred of Dignity? Kentucky Responds On Kindred

By Liz Kramer | November 10 2017

Validity of Arbitration Agreement If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court.  How does a state high court full of accomplished professionals, the cream of the legal crop in their state, respond after the U.S. Supreme Court has found their previous...

READ MORE

The Arbitration Resistance May Look Like This… (Post #300)

By Liz Kramer | November 6 2017

Scope of Arbitration Agreement, Validity of Arbitration Agreement What happens when state courts disagree with SCOTUS's interpretation of the Federal Arbitration Act?  They resist, and they have a thousand different ways of doing so.  The Mississippi Supreme Court demonstrated one way to resist recently in Pedigo v. Robertson, Rent-A-Center, Inc., 2017 WL 4838243 (Miss. Oct. 26,...

READ MORE

Congress Quashes CFPB Arbitration Rule: What Next?

By Liz Kramer | October 25 2017

Year In Review Pencils down.  (Is the modern equivalent "cursors down"?)  All the attorneys who were drafting new form consumer agreements to comply with the CFPB rule prohibiting class action waivers can now trash those documents.  Pursuant to the Congressional Review Act, the Senate voted 51-50 last night (with the VP as...

READ MORE

Enforcing Nursing Home Arbitration Agreements Post-Kindred

By Liz Kramer | October 19 2017

Validity of Arbitration Agreement Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark.  It held that the Kentucky supreme court's rationale for not enforcing the arbitration agreement was preempted by the Federal Arbitration Act.  Before that, multiple state courts had...

READ MORE