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 Uncategorized Posts

Arbitration Nation On Blawg 100 List Again

By Liz Kramer | November 25 2015

Uncategorized I am thrilled to announce that Arbitration Nation has been selected for the fourth year running to the ABA Journal's Blawg 100 list.  Thank you to everyone who nominated this blog and to those who continue reading it, suggesting topics, and challenging my interpretations. Happy Thanksgiving to you all!


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To (b)(1) or not to (b)(1): What to Call your Rule 12 Arbitration Motion

By Liz Kramer | August 20 2015

Litigation vs. Arbitration, Uncategorized Let's say your client gets sued in court, the parties have an arbitration agreement, and you want to compel arbitration right away and not mess around with any other court proceedings. You already know you can make a motion to compel instead of an Answer, but you are stuck on this: what do you call the...


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Second Circuit Clarifies That Arbitrable Claims Should Be Stayed, Not Dismissed

By Liz Kramer | July 29 2015

Uncategorized Parties who ask a court to compel arbitration of all the plaintiff's claims have a decision to make: should they ask the court to stay the claims or dismiss them (if it finds them arbitrable)?   After noting that the federal courts of appeal are "about evenly divided" on that question, the Second Circuit held that...



A Modest Proposal: Change the Name of Arbitration

By Liz Kramer | June 12 2015

Uncategorized Arbitration has a brand recognition problem. Not enough people know what it is. The recent CFPB report summarized studies showing that even among consumers who know they have an arbitration clause, the majority do not realize they cannot go to court or have their claims decided by a jury. One explanation is...



First Circuit Finds Plaintiff Waived Right to Arbitrate by Litigating for 9 Months

By Liz Kramer | December 11 2014

Uncategorized, Waiver of Right to Arbitrate We haven't had a good waiver case in a while.  The First Circuit served one up last week with a flourish, teaching me multiple new words in the process (not for the first time, either).  It found that a plaintiff had waived its right to arbitrate, not by bringing its claims to court in the first place, but by...



Two Federal Circuits Find Health Insurance Claims Outside Scope of Arbitration Clauses

By Liz Kramer | May 9 2014

Scope of Arbitration Agreement, Uncategorized Because courts apply a presumption of arbitrability when they analyze whether particular claims fall within the scope of an arbitration clause, and arbitration clauses are generally drafted very broadly, I don't usually get to write about courts finding that a dispute falls outside the scope of arbitrable claims. ...


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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...



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...



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...



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...