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

Arbitration Nation On Blawg 100 List Again

By Liz Kramer | November 25 2015

Uncategorized I am thrilled to announce that Arbitration Nation has been selected for the fourth year running to the ABA Journal's Blawg 100 list.  Thank you to everyone who nominated this blog and to those who continue reading it, suggesting topics, and challenging my interpretations. Happy Thanksgiving to you all!


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Final Means Final: No Reconsideration in Arbitration

By Liz Kramer | November 20 2015

Appealing Arbitration Decisions, Arbitration Rules/Procedures Recent decisions from the 3d and 11th Circuits drive home this point: an arbitration award is final and should not be revisited. In Robinson v. Littlefield, 2015 WL 5520017 (3d Cir. Sept. 17, 2015), the parties arbitrated their dispute over the quality of a new RV.  The arbitrator ruled for the RV buyers, awarding...



Nevada Says Rule 68’s Offer of Judgment Applies In Arbitration

By Liz Kramer | November 16 2015

Appealing Arbitration Decisions, Arbitration Rules/Procedures Today's post is a good one for all those defendants/ respondents who are convinced that they have a slam-dunk case and want to recover their attorneys' fees.  Because while these particular respondents were not successful, they paved a path that may lead others to collect attorneys' fees after defeating claims in...



Same Arbitration Story, Different Jurisdiction: NAF, NLRB, and Nursing Homes

By Liz Kramer | November 8 2015

Arbitration Rules/Procedures, Class Arbitration, Validity of Arbitration Agreement Some arbitration topics just never die.  This post strings together new cases on three of those topics: 1) whether arbitration agreements that call for the now-defunct National Arbitration Forum (NAF) are enforceable; 2) formation fights in nursing home agreements; and 3) the continuing fight between the NLRB and the...



“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim

By Liz Kramer | November 1 2015

Class Arbitration, Litigation vs. Arbitration, Validity of Arbitration Agreement Arbitration is having its 15 minutes of fame.  Thanks to a series in the New York Times, my inbox is full of links to the articles, questions about the information, and fascinating commentary.  [Next time I am in Oakland, I am totally having the "Scalia" cocktail at Italian Colors.]  With the far-reaching audience...


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CFPB Likely To Require Access To Class Actions And Data On Individual Arbitrations

By Liz Kramer | October 23 2015

Class Arbitration, Litigation vs. Arbitration Richard Cordray, Director of the Consumer Financial Protection Bureau, has positioned himself as the Boogeyman that financial companies fear this Halloween season.  Earlier this month, the CFPB outlined the proposals under consideration for regulating arbitration in the consumer financial industry.  The proposals...


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Arbitration Puzzler: Nevada’s Anti-Waiver Rule Preempted; California’s Anti-Waiver Rule Not Preempted

By Liz Kramer | October 7 2015

Class Arbitration, Validity of Arbitration Agreement Two opinions came out recently in disputes over the arbitrability of putative class actions alleging that employees were not paid for overtime (and other labor violations). In one, the Nevada Supreme Court acknowledged that its 2011 ruling, finding class action waivers in arbitration were unconscionable, is preempted....


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SCOTUS Selects Second Arbitration Case For 2015 Term

By Liz Kramer | October 2 2015

Validity of Arbitration Agreement 2015 has been a dry spell in arbitration decisions from the U.S. Supreme Court, but 2016 promises to be much more interesting.  In addition to the California case being heard next week, SCOTUS just granted certiorari in another California-based arbitration decision.  This one, MHN Government Services, Inc. v....



Kentucky Supreme Court Compares Giving Up Jury Trial To Giving Up Parental Rights; Refuses To Enforce Arbitration

By Liz Kramer | September 28 2015

Validity of Arbitration Agreement Nursing home arbitration agreements are among the most unpopular arbitration agreements around.  Last week, Kentucky's Supreme Court issued a lengthy, but fractured, opinion, finding three arbitration agreements were never validly formed because the signing parties did not have authority to give up the decedent's...



Filing Claim In Court Is Not Enough To Waive Arbitration Right

By Liz Kramer | September 18 2015

Waiver of Right to Arbitrate The issue in analyzing whether a party waived its right to arbitrate is usually whether the defendant waited too long to assert the arbitration obligation.  But, this week the Second Circuit had the opportunity to address whether a plaintiff waives its right to arbitrate by the simple fact of bringing a case in...