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

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...

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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...

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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...

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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...

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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,...

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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...

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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...

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Non-Signatories Succeed In Compelling Arbitration In State Courts

By Liz Kramer | October 11 2017

Validity of Arbitration Agreement The high courts of two states have allowed non-signatories to compel arbitration in recent weeks.  The cases show courts are addressing non-signatory issues using different standards and raise important drafting issues for joint ventures and business affiliates. In Locklear Automotive Group, Inc. v. Hubbard, 2017...

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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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Third Parties Fail To Force Arbitration in Three Circuits

By Liz Kramer | September 21 2017

Scope of Arbitration Agreement The “Summer of Arbitration” draws to a close tomorrow, if you can believe it.  (On the first day of fall, it is supposed to be 91 degrees in Minnesota.  Yikes.)  But before I close that chapter, let’s take a look at a theme that emerged in these last weeks: non-signatories losing their attempts to compel...

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