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
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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number-4

The Only Five Good Reasons To Put Arbitration In Your Contract

By Liz Kramer | January 4 2013

ArbitrationNation Roadmaps (primers), Litigation vs. Arbitration Let's say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone.  Should you include mandatory arbitration for resolving any disputes?  Assuming you have the choice, my view is you should only include arbitration if at least one of these five factors...

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YLSgargoyle

An ArbitrationNation Roadmap: Document subpoenas to third parties

By Liz Kramer | October 24 2012

Arbitration Rules/Procedures, ArbitrationNation Roadmaps (primers) This post is dedicated to a perennial favorite topic: subpoenas for documents in arbitration.  Why this topic and not something hot off the presses?  Because SCOTUS has not yet accepted or denied the cert petition in Sutter, and no cases have come out recently that meet my high standards for discussion on this blog...

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