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
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Three Lessons on Appealing from Arbitrations

By Liz Kramer | April 17 2014

Appealing Arbitration Decisions, Arbitration Rules/Procedures Three decisions came out recently that offer guidance on appealing from arbitration awards.  Here are three pearls of arbitration appeal wisdom, one from each case: 1.  If you want to appeal from an arbitration, you must have a record.  Sounds basic, right?  But many parties, either due to confidence they will...

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Deference to Arbitrators Is All The Rage Among Supreme Courts This Winter

By Liz Kramer | March 16 2014

Appealing Arbitration Decisions You may have already heard that SCOTUS affirmed arbitrators' authority to interpret contractual prerequisites to arbitration last week in BG Group, PLC v. Republic of Argentina.  But that is just one of a number of recent decisions from high courts on the deference due arbitrators. In the BG Group case, the D.C....

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Think You Have A Chance Of Vacating Your Arbitration Award? Read this.

By Liz Kramer | February 25 2014

Appealing Arbitration Decisions, Litigation vs. Arbitration Just how hard is it to vacate an arbitration award?  The Sixth Circuit recently held that even if the arbitrator reached a result directly contrary to federal precedent, the arbitration award would be upheld.  And the Tenth Circuit found that even if the arbitrator based his award on an agreement that does not...

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What A-Rod Can Teach About A-rbitration

By Liz Kramer | January 14 2014

Appealing Arbitration Decisions, Arbitration Rules/Procedures Arbitration is in the news.  Not just a buried paragraph in the business section, but the front page.   (A three-arbitrator panel issued a 34-page arbitration award finding Major League Baseball was justified in suspending baseball player Alex Rodriguez for 162 games, which A-Rod is now trying to vacate.)  My own...

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Ninth Circuit Says Arbitration Agreements Cannot Restrict Grounds for Vacating Award

By Liz Kramer | December 18 2013

Appealing Arbitration Decisions, Scope of Arbitration Agreement In the Hall Street decision in 2008, SCOTUS held that parties could not contractually enlarge Section 10 of the Federal Arbitration Act by agreeing that a court could vacate the arbitration award for reasons not found in that section.  This week, the Ninth Circuit held that parties also cannot contractually...

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“Manifest Disregard of the Law” is Alive and Well and Vacating Arbitrations in Fourth Circuit

By Liz Kramer | November 7 2013

Appealing Arbitration Decisions The Federal Arbitration Act sets forth only four bases for vacating arbitration awards.  See 9 U.S.C. § 10 (a).    After SCOTUS's 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four bases are exclusive, de-legitimizing the creative bases that judges had developed...

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SCOTUS Set To Hear At Least One Arbitration Case This Term

By Liz Kramer | October 10 2013

Appealing Arbitration Decisions The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years.  2010?  Stolt-Nielsen and Rent-a-Center.  2011?  Concepcion.  2012? CompuCredit (Okay, that does not qualify as a blockbuster.) 2013? AmEx and Sutter.  At this point, SCOTUS has accepted roughly half of the...

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Two Circuit Courts Demonstrate How Difficult It Is To Vacate Arbitration Awards

By Liz Kramer | September 25 2013

Appealing Arbitration Decisions In recent weeks, both the Second and Sixth Circuits showed how difficult it is to vacate arbitration awards. The Second Circuit decision has more drama, so I'll start there.  In Kolel Beth Yechiel Mechil of Tartik-Ov, Inc. v. YLL Irrevocable Trust, __ F.3d __, 2013 WL 4609100 (2d Cir. Aug. 30, 2013), the losing...

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The Next Frontier of Arbitration Litigation: Lessons From State Courts

By Liz Kramer | August 19 2013

Appealing Arbitration Decisions, Scope of Arbitration Agreement, Validity of Arbitration Agreement, Waiver of Right to Arbitrate, Year In Review After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share.  First, that is not the best way to spend your summer vacation, even for a devoted arbitration nerd.  And second, there are arbitration issues percolating in...

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Arbitration Awards Cannot Be Vacated Just Because Arbitrator Excluded Evidence

By Liz Kramer | August 1 2013

Appealing Arbitration Decisions, Arbitration Rules/Procedures In two decisions this week, courts consider whether arbitration awards can be vacated based on arbitrators' decisions to exclude evidence.  In both cases, the courts affirm an arbitrator's authority to make reasonable evidentiary decisions -- excluding hearsay and denying tardy subpoena requests -- as long as...

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