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

Federal Judge Disqualifies Lawyers Based On Misconduct In Arbitration

By Liz Kramer | October 12 2011

Appealing Arbitration Decisions, Arbitration Rules/Procedures The lawyers who sought to disqualify their opposing counsel during a pending arbitration must have been giddy when they drew Judge Shira Scheindlin of the Southern District of New York as their judge.  Judge Scheindlin, who is famously tough on unscrupulous lawyers, did not disappoint.  She went out of her way...

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The Arbitrator Finds The Contract Invalid. Now What?

By Liz Kramer | August 19 2011

Appealing Arbitration Decisions, Validity of Arbitration Agreement What is an arbitrator to do after concluding that the parties' entire agreement -- the same agreement that authorized the arbitration proceeding -- is invalid?  That is the question that the California Court of Appeal addressed this week.  The California court ruled that the arbitrator was authorized to reach a...

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We Are Becoming an Arbitration Nation

By Liz Kramer | August 11 2011

Appealing Arbitration Decisions, Arbitration Rules/Procedures, Scope of Arbitration Agreement The AAA just reported that 143,349 cases were filed with it in 2010.  JAMS reports that approximately 10,000 cases are filed with it each year. There were 190,543 new civil cases filed with all the U.S. District Courts in 2010. In short, two of the largest ADR providers are currently handling almost as many...

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