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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Futility Trumps Waiver of Arbitration Rights in Third Circuit

By Liz Kramer | September 26 2016

Class Arbitration, Waiver of Right to Arbitrate Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel arbitration is that the motion would have been futile.  Chassen v. Fidelity Nat'l Fin., Inc.,...

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Uber Enforces Arbitration Due To Delegation Clause And Opt Out

By Liz Kramer | September 14 2016

Class Arbitration, Validity of Arbitration Agreement The 9th Circuit's decision to enforce the arbitration agreement in Uber's agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it's worth reviewing the...

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Lessons From Recently Vacated Arbitration Awards

By Liz Kramer | September 6 2016

Appealing Arbitration Decisions While I was busy blogging out listicles and "think pieces" last month, my stack of unread arbitration cases grew exponentially.  August was apparently a very busy month for publishing arbitration opinions.  Maybe most surprisingly, the federal appellate courts vacated three arbitration awards in recent weeks.  So...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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