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 ArbitrationNation Roadmaps (primers) Posts
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Five States Most Hostile To Arbitration (Blogiversary Listicle #2)

By Liz Kramer | August 23 2016

ArbitrationNation Roadmaps (primers) I am celebrating five years of blogging by publishing one "listicle" per day this week.  Yesterday, the topic was the five biggest surprises in arbitration law.  Today, it is the five states where I would not want to argue in favor of arbitration -- either compelling arbitration or confirming an award.  In other...

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5twigs

Five Biggest Surprises In Arbitration Law (Blogiversary Listicle #1)

By Liz Kramer | August 22 2016

ArbitrationNation Roadmaps (primers) Do you hear the corks popping, friends??  You should, because the imaginary champagne was just opened and the balloons have been released to the far corners of the internets in honor of ArbitrationNation's FIFTH ANNIVERSARY!  At the end of this week, I will have published 253 posts over the course of five...

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What’s in a Name?: Defining Arbitration Across the Circuits

By Liz Kramer | August 3 2016

ArbitrationNation Roadmaps (primers), Litigation vs. Arbitration What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it.  While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance from the U.S. Supreme...

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Don’t Find Yourself SOL: Know Whether the Statute of Limitations Applies to Your Arbitration

By Liz Kramer | June 22 2016

ArbitrationNation Roadmaps (primers) Statutes of limitations provide peace of mind for many attorneys and clients, knowing previous conduct cannot lead to liability after a prescribed time period. But, do statutes of limitations apply to arbitration proceedings? The answer is: not necessarily.  Because of that, advocates and parties need to know when...

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ChampagneToast

A Four-Year Blogiversary – and an Infographic for Compelling Arbitration!

By Liz Kramer | August 11 2015

ArbitrationNation Roadmaps (primers) The primary purpose of this blog is to educate lawyers and clients about arbitration law. So, what better way to celebrate my fourth blogiversary than with an awesome new infographic about compelling arbitration! Making a motion to compel arbitration is trickier than it seems. When people call me for advice, I...

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Nitty-Gritty Road Sign with dramatic clouds and sky.

Nitty Gritty Advice for Compelling Arbitration under the FAA

By Liz Kramer | August 21 2014

ArbitrationNation Roadmaps (primers) I regularly receive questions about compelling arbitration under the Federal Arbitration Act.  In particular, people ask : (1) Can I file a motion to compel before any other "complaint" is filed; (2) What should I call my motion?; and (3) What is with this 5-day rule hidden inside Section 4 of the FAA?  Wanting to...

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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...

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GenieLamp

If “Grave Error” Is Not Enough to Vacate An Arbitrator’s Decision, What Is?

By Liz Kramer | July 11 2013

Appealing Arbitration Decisions, ArbitrationNation Roadmaps (primers) The recent Sutter decision drives home repeatedly that a court may not vacate an arbitrator's decision under the FAA just because a judge thinks the arbitrator reached the wrong result.  Justice Kagan said that under Section 10(a)(4) the court cannot second-guess the award, not even in the face of "grave error." ...

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Ground rules

ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?

By Liz Kramer | June 27 2013

ArbitrationNation Roadmaps (primers) Albert Einstein supposedly once said “you have to learn the rules of the game. And then you have to play better than anyone else.” In arbitration, that means figuring out which organizations’ rules are best suited for your arbitration clause. This post is designed to help drafters make that decision by giving a...

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One hundred birthday or anniversary celebration

Recipe For The Best Arbitration Agreement Ever (Post #100)

By Liz Kramer | May 9 2013

ArbitrationNation Roadmaps (primers) As a thank you to all the subscribers and readers who continue fueling Arbitration Nation's success, this 100th blog post contains my recipe for the Best Arbitration Agreement Ever.  (I know, where did the time go??  The blog is growing up so fast!)  What should your arbitration agreement include?  How can...

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