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

Is A Specified Arbitral Provider or Rule Set An Essential Term Of The Arbitration Agreement?

By Liz Kramer | September 23 2011

Arbitration Rules/Procedures, Validity of Arbitration Agreement By Liz Kramer and Patrick Burns (http://www.valuesolveadr.org/patrick.html ), Guest Blogger If an arbitration agreement calls for the dispute to be administered by an ADR provider that will not or cannot accept the case, or calls for the application of non-existent rules, it may not be enforceable.  That issue...

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Yes, Virginia, There is Injunctive Relief in Court Despite An Arbitration Clause

By Liz Kramer | September 14 2011

Arbitration Rules/Procedures, Litigation vs. Arbitration A recent decision from the Western District of Oklahoma reminds all litigators that you may be able to get preliminary injunctive relief from the courts, despite having a valid arbitration agreement.  Although this seems to fly in the face of the courts’ general arbitration refrain (stolen from M.C. Hammer:...

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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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