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 →

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The Preemption Club

By Liz Kramer | March 3 2014

Class Arbitration, Uncategorized, Validity of Arbitration Agreement, Waiver of Right to Arbitrate California is the Judd Nelson of The Preemption Club.  (Or the John Bender, if you prefer using character names.)  The Supreme Court has sent the California courts to preemption detention for ignoring the Federal Arbitration Act in blockbuster, groundbreaking cases (see Concepcion).  But California cannot help...

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ArbitrationNation Makes The Blawg 100 Again

By Liz Kramer | November 25 2013

Uncategorized The ABA Journal released its seventh annual list of the top 100 legal blogs in the country and ArbitrationNation is honored to be included for a second year in a row.  ArbitrationNation is the only blawg on the list devoted to arbitration.  (And it looks like one of only two from Minnesota authors...) Now that...

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Arbitration Nation Named Among 100 Best Blawgs of 2012!

By Liz Kramer | November 27 2012

Uncategorized This blog might as well have been called Arbitration Elation on November 26!  Not only was there a new arbitration decision from the Supreme Court, which only happens a couple times a year, but editors of the ABA Journal announced that they selected Arbitration Nation as one of the 100 best blogs in the country for...

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Happy First Birthday to Arbitration Nation!

By Liz Kramer | August 13 2012

Uncategorized, Year In Review Take out your birthday hats and balloons -- Arbitration Nation is celebrating its first full year of existence!  I have enjoyed reading all the developments in arbitration law over the past year and connecting with many people -- through this blog, listservs, emails and Twitter-- about their reactions to the case...

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Arbitration Nation Among Best “Blawgs” of 2011

By Liz Kramer | January 10 2012

Uncategorized, Year In Review Big day here at Arbitration Nation.  The U.S. Supreme Court issued a new arbitration decision and Arbitration Nation was named one of the best legal blogs in Minnesota!  I am honored to be in the company of such great legal writing.

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A Real Horn of Arbitration Plenty

By Liz Kramer | November 23 2011

Uncategorized Happy Thanksgiving from Arbitration Nation!  There are no new and exciting cases to talk about,* so I am reverting to the Thanksgiving staple -- talking about what I am thankful for.  And, I am thankful for all of you!  Starting this blog has been one of the highlights of my professional year.  Not only has...

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Dear Parties: “Piecemeal” Schmeecemeal. Just Arbitrate. Love, SCOTUS

By Liz Kramer | November 8 2011

Litigation vs. Arbitration, Uncategorized Despite the Supreme Court's best efforts, some myths of arbitration law just will not die.  In yesterday's per curiam decision of the Supreme Court, the Justices tried to put a stake through the heart of a common myth: that a party may successfully avoid a motion to compel arbitration by arguing that not all claims...

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“I’m Good Enough, I’m Smart Enough, And Dog-gone It” I Don’t Like Mandatory Arbitration

By Liz Kramer | October 18 2011

Litigation vs. Arbitration, Uncategorized, Validity of Arbitration Agreement Minnesota Senator Al Franken, among others, responded to the Supreme Court’s Concepcion decision  by introducing a bill called the Arbitration Fairness Act of 2011 (S.987, also in the House as H.R. 1873) last May, which would legislatively nullify arbitration provisions in various types of agreements.  The Senate...

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