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

“Manifest Disregard Of The Law” Has Circuit Courts in Disarray

By Liz Kramer | March 4 2012

Appealing Arbitration Decisions The Fourth Circuit recently affirmed that it will consider “manifest disregard of the law” as a separate basis for attacking an arbitration award, in addition to the four bases set forth in Section 10 of the Federal Arbitration Act.  Wachovia Secs., LLC v. Brand, __ F.3d ___, 2012 WL 507022, at *8 (4th Cir. Feb...

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Saint Vacatur’s Day: Feb. 3

By Liz Kramer | February 16 2012

Appealing Arbitration Decisions The Sixth and Second Circuits addressed whether to vacate an arbitrator’s award recently.  The Sixth Circuit vacated the award of an arbitrator who “exceeded his powers,” while the Second Circuit refused to vacate for “evident partiality.”   Based on the parties’ agreement, the Sixth Circuit...

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Second Circuit Finds Courts Have Power To Enjoin Arbitration In Limited Circumstances

By Liz Kramer | November 17 2011

Appealing Arbitration Decisions, Litigation vs. Arbitration, Validity of Arbitration Agreement The Second Circuit just held that a federal court has the power to enjoin an ongoing arbitration.  In re Am. Express Fin. Advisors Sec. Litig., ___ F.3d ___, 2011 WL 5222784  (2nd Cir. 2011).  While many litigants would no doubt like a federal court to enjoin their arbitrations -- especially when arbitrators refuse...

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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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