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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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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Marshal Service for Arbitration Awards, Relic or Requirement?

By Liz Kramer | July 2 2017

ArbitrationNation Roadmaps (primers) So you’ve got an arbitration award, what next? In other types of civil cases, the Federal Rules of Civil Procedure (Rules) control service, and they have greatly reduced the role of U.S. Marshals in serving parties. See Fed. R. Civ. P. 4(c). But enter the Federal Arbitration Act § 9 and § 12 (FAA). When a...

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New Administration Dismantles More Of Obama Arbitration Regulations

By Liz Kramer | June 22 2017

Year In Review It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes.  Now, the Trump Administration has altered course on two other issues of arbitration policy. First, the Department of Education has "delayed until further notice" its ban on pre-dispute...

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Sixth Circuit Adds to a Growing Circuit Split; SCOTUS to Decide Scope of Employees’ Arbitration Rights

By Liz Kramer | June 14 2017

Class Arbitration, Year In Review In National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 2017 WL 2297620 (6th Cir. May 26, 2017), the Sixth Circuit joined the Seventh and Ninth Circuits in upholding the NLRB's decision that barring an employee from pursuing class action or collective claims violates the NLRA. Already lined...

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Trump Administration Gives First Peek Into Its Arbitration Strategy

By Liz Kramer | June 7 2017

Year In Review In a first indication of the Trump Administration's stance on consumer arbitration, the Centers for Medicare & Medicaid Services (CMS) this week issued a new proposed rule that rolls back the Obama Administration's regulation, which precluded pre-dispute arbitration agreements in nursing homes.  (Too many...

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