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
2016-05-03 MarchApril2016 004

9th Circuit Narrows Grounds For Vacating Labor Arbitration Awards

By Liz Kramer | May 26 2016

Appealing Arbitration Decisions Finding that some of its previous pronouncements were leading district court judges astray, the Ninth Circuit clarified its precedent regarding the scope of review of labor arbitration awards. "We conclude that it is time for us to retire the use of 'plausibility' as a term to describe the courts' role in reviewing...

READ MORE

TomBrady

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

By Liz Kramer | April 26 2016

Appealing Arbitration Decisions The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.”  And when district courts are not sufficiently deferential, their decisions are likely to be overturned.  That happened recently in Tom Brady’s “deflate-gate” arbitration, and in...

READ MORE

A lot of money in piles of coins

Fifth Circuit Finds Federal Jurisdiction Over $10,000 Arbitration Award

By Liz Kramer | April 14 2016

Appealing Arbitration Decisions The Fifth Circuit recently addressed a hard question: what should the court consider when determining the amount in controversy for purposes of federal jurisdiction over an arbitration award?  The court decided to rely on the amount originally sought by the claimant in the demand for arbitration.  Pershing, LLC v....

READ MORE

Map of West Virginia

SCOTUS Vacates Second Arbitration Case This Term

By Liz Kramer | March 1 2016

Appealing Arbitration Decisions, Validity of Arbitration Agreement, Year In Review Showing it will soldier on without Justice Scalia, the Supreme Court granted cert, vacated, and remanded an arbitration decision from West Virginia yesterday.  Because this is the exact same treatment the Court gave a case from Hawaii's highest court in January (and the same treatment I predicted, ahem), it...

READ MORE

Snowstorm 063

January Arbitration Update: Effective Vindication, Class Arbitration, and FAA Preemption

By Liz Kramer | January 29 2016

Appealing Arbitration Decisions, Arbitration Rules/Procedures, Class Arbitration, Waiver of Right to Arbitrate Lots of interesting arbitration law has been made already in 2016, so here is a roundup from the first four weeks of the year. As a teaser, courts have breathed life into the effective vindication doctrine, found arbitrators cannot determine the availability of class actions, and found state laws not preempted. ...

READ MORE

winter trees on snow white background

3 Year-End Arbitration Lessons From Appellate Courts

By Liz Kramer | December 21 2015

Appealing Arbitration Decisions, Litigation vs. Arbitration, Waiver of Right to Arbitrate Before I can sum up 2015 in arbitration (next post!), I need to report on some new cases coming out of the federal and state appellate courts in recent weeks.  Two are just good reminders of basic arbitration law, but the third addresses an interesting question of double recovery. Our first "reminder" case comes...

READ MORE

Depositphotos_60157115_s-2015

Want To Vacate Arbitration Award For Bias? Hawaii Is Here To Help.

By Liz Kramer | December 6 2015

Appealing Arbitration Decisions The Supreme Court of Hawaii ruled recently that if a neutral arbitrator fails to meet disclosure requirements, it constitutes "evident partiality" as a matter of law, and requires the vacatur of the arbitrator's award.  Furthermore, Hawaii interpreted its disclosure requirements broadly, and in this case found an...

READ MORE

USA, Alaska, recreational vehicle driving on road, side view

Final Means Final: No Reconsideration in Arbitration

By Liz Kramer | November 20 2015

Appealing Arbitration Decisions, Arbitration Rules/Procedures Recent decisions from the 3d and 11th Circuits drive home this point: an arbitration award is final and should not be revisited. In Robinson v. Littlefield, 2015 WL 5520017 (3d Cir. Sept. 17, 2015), the parties arbitrated their dispute over the quality of a new RV.  The arbitrator ruled for the RV buyers, awarding...

READ MORE

VegasStrip

Nevada Says Rule 68’s Offer of Judgment Applies In Arbitration

By Liz Kramer | November 16 2015

Appealing Arbitration Decisions, Arbitration Rules/Procedures Today's post is a good one for all those defendants/ respondents who are convinced that they have a slam-dunk case and want to recover their attorneys' fees.  Because while these particular respondents were not successful, they paved a path that may lead others to collect attorneys' fees after defeating claims in...

READ MORE

TomBrady

Musings on Tom Brady and Arbitrator Bias

By Liz Kramer | September 13 2015

Appealing Arbitration Decisions Again this year, a famous athlete put the spotlight on the process of arbitration.  Earlier this month, Tom Brady succeeded in convincing a federal judge to vacate the arbitration award against Brady.  (The four-game "deflategate" suspension -- a pdf of the decision is available through the link.) The decision...

READ MORE