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
FerrisWheel

Unvacated: 11th Circuit Finds Repeat Arbitrator Not Biased

By Liz Kramer | August 28 2015

Appealing Arbitration Decisions The Eleventh Circuit has a lesson for future litigants: the presence of a repeat player is not enough to show the evident partiality needed to vacate an arbitration award under the Federal Arbitration Act. In  Johnson v. Directory Assistants, Inc., __ F.3d __, 2015 WL 4939578 (11th Cir. Aug. 20, 2015), an...

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banana_split

Circuit Split Persists Regarding Whether Arbitrator’s “Manifest Disregard” Of Law Can Vacate Arbitration Award

By Liz Kramer | June 25 2015

Appealing Arbitration Decisions Three years ago, this blog catalogued where all the federal circuits stood on the issue of whether an arbitration award that "manifestly disregarded the law" could be vacated under the Federal Arbitration Act, as that is not one of the four bases for vacatur listed in Section 10.  There was a circuit split then, and...

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Glorious spring

Spring Vacations: Which arguments are winning on appeals from arbitration so far in 2015?

By Liz Kramer | May 21 2015

Appealing Arbitration Decisions Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards. The seven opinions below emphasize how difficult it is to prove that an arbitrator exceeded his or her power and suggest that the surest way to vacate an arbitration award is still by...

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Business handshake and business people

Fifth Circuit Finds Parties Can Authorize Arbitrators By Their Conduct

By Liz Kramer | May 12 2015

Appealing Arbitration Decisions, Litigation vs. Arbitration, Scope of Arbitration Agreement The Fifth Circuit un-vacated an arbitration award last week, holding the district court had wrongly concluded that the court was the proper decision-maker on contract formation.  Although courts are presumptively authorized to decide whether an arbitration agreement exists, the Fifth Circuit found the parties...

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LilyValley

When Can A Party Recover Attorneys’ Fees Incurred Confirming An Arbitration Award?

By Liz Kramer | May 7 2015

Appealing Arbitration Decisions, Litigation vs. Arbitration, Scope of Arbitration Agreement If you won your arbitration, it is vexing to have to spend many thousands more in attorneys' fees opposing a motion to vacate the arbitration award.  (That is especially true if you signed up for arbitration thinking it was faster and avoided appeals.)  But, can you ask the court to award you the attorneys' fees...

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anguilla 3d flag

5th Circuit Vacates Arbitration Award Conducted By Wrong Arbitrator Under Wrong Rules

By Liz Kramer | April 14 2015

Appealing Arbitration Decisions, Arbitration Rules/Procedures Let's say your arbitration agreement calls for arbitration administered by JAMS under JAMS rules, but the arbitrator is independent and applies AAA rules, over one party's objection.  A new decision from the Fifth Circuit says that is enough to vacate the resulting award. In Poolre Insurance Corp. v....

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Liberty Bell, Philadelphia, PA

Third Circuit Finds Pennsylvania Statute Preempted by FAA

By Liz Kramer | March 5 2015

Appealing Arbitration Decisions The Third Circuit recently found that the Federal Arbitration Act preempts a Pennsylvania statute that restricts corporate plaintiffs in state and federal court in Pennsylvania to those companies that are registered to do business in Pennsylvania.  Generational Equity, LLC v. Schomaker, 2015 WL 708481 (3d Cir. Feb....

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american football

Why The Arbitration Award Against Adrian Peterson Was Vacated

By Liz Kramer | February 26 2015

Appealing Arbitration Decisions A federal judge in Minnesota today vacated the arbitration award that confirmed the NFL's discipline of Adrian Peterson.  You can read the decision here.  The judge found two separate bases for vacating the award: 1) the award failed to "draw its essence" from the parties' Collective Bargaining Agreement; and 2)...

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bike

Lessons From Lance Armstrong About the Finality of Arbitration Awards

By Liz Kramer | February 18 2015

Appealing Arbitration Decisions, Arbitration Rules/Procedures On February 4, an arbitration panel ordered Lance Armstrong to pay $10 million to his former promotions company, SCA, as a result of his “unparalleled pageant of international perjury, fraud and conspiracy” that covered up his use of performance-enhancing drugs.  (Read the NYT story about it here.)  What is...

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Curved railroad track

Fifth Circuit Un-Vacates Arbitration Award, Offering Guidance to District Courts

By Liz Kramer | February 12 2015

Appealing Arbitration Decisions "When an arbitration goes an opponent's way on the basis of questionable contract interpretation, parties often seek refuge in [Section] 10(a)(4).  But the Supreme Court has made clear that district courts' review of arbitrators' awards under [that Section] is limited to the 'sole question... of whether the...

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