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 Appealing Arbitration Decisions Posts

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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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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Un-Vacated: Nevada Supreme Court Confirms $6.7M Franchise Arbitration Award

By Liz Kramer | August 28 2017

Appealing Arbitration Decisions In a decision that is very skinny on the facts, a unanimous Nevada Supreme Court recently un-vacated a significant arbitration award in a dispute over dental franchises.  In Half Dental Franchise, LLC v. Houchin, 2017 WL 3326425 (Nev. Aug. 3, 2017), the court found the arbitrators did not exceed their power in...

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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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SCOTUS Hearing Arbitration Case Wednesday; Spotlight On State Cases

By Liz Kramer | February 21 2017

Appealing Arbitration Decisions, Validity of Arbitration Agreement While the Supreme Court has put off hearing a more contentious arbitration case until the fall (presumably in hopes that it will have nine justices by then), tomorrow it will hear the nursing home arbitration case from Kentucky.  I look forward to listening to the questions and trying to figure out why the Justices...

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Two States Buck FAA Preemption, While Alabama Stays the Course

By Liz Kramer | February 3 2017

Appealing Arbitration Decisions, Class Arbitration, Validity of Arbitration Agreement Three state supreme courts tackled arbitration law in recent weeks: Alabama, North Carolina, and Rhode Island.  Rhode Island reversed a construction arbitration award because it disagreed with the arbitrator's analysis.  North Carolina found that an arbitration agreement in a doctor-patient setting was...

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8th Circuit Expands Arbitral Immunity Doctrine

By Liz Kramer | November 23 2016

Appealing Arbitration Decisions, Arbitration Rules/Procedures A per curiam opinion from the 8th Circuit last week highlights that even if an arbitration goes off the rails, the only remedy is vacating (or confirming) the award.  The parties cannot recover from the administrator of the arbitration. In Owens v. American Arbitration Association, Inc., 2016 WL 6818858 (8th Cir....

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Arbitrator’s False Credentials Are Sufficient To Vacate Award

By Liz Kramer | November 14 2016

Appealing Arbitration Decisions In most circumstances, the Federal Arbitration Act requires that the losing party move to vacate an arbitration award within three months.  However, the Ninth Circuit recently ruled that the three-month timeline can be tolled, especially for something as significant as the chair lying about being a licensed...

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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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Three Blockbuster Summer Arbitration Decisions

By Liz Kramer | July 8 2016

Appealing Arbitration Decisions, Scope of Arbitration Agreement, Validity of Arbitration Agreement While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in the making (maybe finally released because the clerks are about to turn over?). Today, I...

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