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 Arbitration Rules/Procedures Posts
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....

READ MORE

Stack of waste paper

Beyond the Headlines Part I: What The New CFPB Report Teaches Us About Arbitration Clauses

By Liz Kramer | March 11 2015

Arbitration Rules/Procedures, Litigation vs. Arbitration The Consumer Financial Protection Bureau released an “Arbitration Study” exceeding 700 pages to Congress this week.  You have likely heard the headlines – most commentators assume that the CFPB will use the study to support an effort to restrict or regulate the use of “pre-dispute” arbitration in financial...

READ MORE

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...

READ MORE

HawaiiSurfboards

Hawaii Finds Unilateral Arbitrator-Selection Provision Fundamentally Unfair

By Liz Kramer | November 5 2014

Arbitration Rules/Procedures, Validity of Arbitration Agreement The Supreme Court of Hawai’i concluded last week that it is fundamentally unfair to allow one party to an arbitration agreement to unilaterally select the arbitral forum. Nishimura v. Gentry Homes, Ltd., __ P.3d__, 2014 WL 5503393 (Haw. Oct. 31, 2014).  The parties can either jointly agree to a forum, or the court...

READ MORE

Vegetables, Bulgarian Pepper

ArbitrationNation’s Third Anniversary Threesome

By Liz Kramer | August 14 2014

Arbitration Rules/Procedures, Scope of Arbitration Agreement, Validity of Arbitration Agreement, Waiver of Right to Arbitrate This week marks the third anniversary of this blog devoted to interpretations of the Federal Arbitration Act.  (Here's the first post.)  After 155 posts, can there possibly be more to say?  Yes, indeed.  Three new opinions from federal courts of appeals demonstrate how new issues keep "cropping" up in arbitration...

READ MORE

3Longhorns

Arbitration Award Vacated Because Arbitrators Were Impartial

By Liz Kramer | July 15 2014

Appealing Arbitration Decisions, Arbitration Rules/Procedures Although we usually expect arbitrators to be impartial, the Supreme Court of Texas vacated an arbitration award because the chosen arbitrators were too impartial. Americo Life, Inc. v. Myer, __S.W.3d__, 2014 WL 2789429 (Tex. June 20, 2014). Because the court found the parties' agreement allowed each side to choose an...

READ MORE

doctor and eye exam chart illustration design

Eighth Circuit Finds Incorporation Of AAA Rules Authorizes Arbitrator To Determine Whether Non-Signatory Can Arbitrate

By Liz Kramer | July 1 2014

Arbitration Rules/Procedures, Validity of Arbitration Agreement In a short and sweet opinion issued just six weeks after argument, the Eighth Circuit yesterday held that an arbitrator was authorized to decide whether a non-signatory was able to arbitrate a dispute.  Eckert/Wordell Architects, Inc. v. FJM Props. of Willmar, LLC, __ F.3d __, 2014 WL 2922343 (8th Cir. June 30,...

READ MORE

SpringFlowers

A Motion to Compel Arbitration “Answers” a Complaint

By Liz Kramer | April 25 2014

Arbitration Rules/Procedures, ArbitrationNation Roadmaps (primers) I field a lot of good procedural questions about how arbitration pleadings should be styled. Some of them are answered within the text of the FAA, but many of them leave clerks of court and practitioners scratching their heads and getting creative. I will address one of those common questions today: is a motion to...

READ MORE

Image placer pearls in a shell on a white background.

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...

READ MORE

Baseball on Grass Offcenter

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...

READ MORE