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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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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Hold Onto Your Hats: CFPB Proposed Rules Will Lead to Lots of Class Action Litigation

By Liz Kramer | May 5 2016

Class Arbitration, Year In Review Today the Consumer Financial Protection Bureau proposed the rules that it previewed last fall, following up on its Arbitration Study. Those rules would essentially ban class action waivers from consumer financial agreements, as well as requiring arbitral institutions to provide data on consumer financial disputes to...

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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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Beyond the Headlines Part II: What The New CFPB Report Teaches Us About Arbitration v. Litigation

By Liz Kramer | March 12 2015

Class Arbitration, Litigation vs. Arbitration In my last post, I shared some of the highlights from the first half of the new CFPB Arbitration Study.  This post covers the second half of the report, with juicy information gleaned from CFPB's analysis of almost 2,000 actual consumer arbitrations and its comparison of those results to actual consumer court...

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Beyond the Headlines Part I: What The New CFPB Report Teaches Us About Arbitration Clauses

By Liz Kramer | March 11 2015

Arbitration Rules/Procedures, Litigation vs. Arbitration The Consumer Financial Protection Bureau released an “Arbitration Study” exceeding 700 pages to Congress this week.  You have likely heard the headlines – most commentators assume that the CFPB will use the study to support an effort to restrict or regulate the use of “pre-dispute” arbitration in financial...

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CFPB’s Preliminary Report: Financial Consumers Can Only Avoid Arbitration By Using A Credit Union

By Liz Kramer | January 7 2014

Arbitration Rules/Procedures, Litigation vs. Arbitration Say it's twenty degrees below zero outside, and you'd already seen boiling water turn into "snow" immediately upon making contact with the air, what would you do next?  Assuming you were all caught up on your Words With Friends games, you would read the 168-page initial report of the Consumer Finance Protection...

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Courts Lose Jurisdiction To Vacate Arbitration Award After Three Months

By Liz Kramer | October 2 2017

Appealing Arbitration Decisions The Nebraska Supreme Court recently had the unenviable task of determining whether the three month time period that the FAA provides for vacating an arbitration award is a statute of limitation (subject to tolling) or is jurisdictional.  In Karo v. Nau Country Ins. Co., 2017 WL 4185426 (Neb. Sept. 22, 2017), it...

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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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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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