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 Validity of Arbitration Agreement Posts

Administration Joins Courts In Prohibiting Arbitration In Nursing Home Admissions

By Liz Kramer | October 16 2016

Litigation vs. Arbitration, Validity of Arbitration Agreement Within the U.S. Government, the CFPB has gotten most of the attention for trying to regulate consumer arbitration.  But this month, the Centers for Medicare & Medicaid Services (CMS) are bumping the CFPB out of the arbitration regulation spotlight.  In particular, the CMS issued a rule that will prohibit the use...



Preemption Parade: FAA Rolls Over Three State Rules

By Liz Kramer | October 5 2016

Validity of Arbitration Agreement Lest anyone think that the preemption doctrine in arbitration has gone dormant, today's cases should set the record straight.  Courts have recently found the FAA preempted state rules in Pennsylvania, South Carolina, and Alabama. The Pennsylvania Supreme Court found that one of its rules of civil procedure was...


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Uber Enforces Arbitration Due To Delegation Clause And Opt Out

By Liz Kramer | September 14 2016

Class Arbitration, Validity of Arbitration Agreement The 9th Circuit's decision to enforce the arbitration agreement in Uber's agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it's worth reviewing the...


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Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

By Liz Kramer | July 15 2016

Class Arbitration, Litigation vs. Arbitration, Validity of Arbitration Agreement, Waiver of Right to Arbitrate Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint Is Deemed Arbitration Opt Out For All Class Members In Bickerstaff v. SunTrust Bank,...


Illustration with superhero flying to fight with crime and protect the city drawn in comics style

Three Blockbuster Summer Arbitration Decisions

By Liz Kramer | July 8 2016

Appealing Arbitration Decisions, Scope of Arbitration Agreement, Validity of Arbitration Agreement While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in the making (maybe finally released because the clerks are about to turn over?). Today, I...


a graduation cap (mortar board) with tassle

New Jersey Becomes Third Recent State Court to Refuse To Enforce Delegation Clause

By Liz Kramer | June 15 2016

Validity of Arbitration Agreement In a decision that appears intentionally controversial, the Supreme Court of New Jersey yesterday refused to enforce the delegation clause in a for-profit college's enrollment agreement in a 5-1 opinion.  Morgan v. Sanford Brown Institute, 2016 WL 3248016 (N.J. June 14, 2016).  Although the delegation clause had...


Casting a silhouette at sunset on the lake, Thailand.

Fishermen Avoid Being Caught In Arbitration’s Net

By Liz Kramer | May 22 2016

Scope of Arbitration Agreement, Validity of Arbitration Agreement What are the defining characteristics of an arbitration agreement? The dissent in a new 9th Circuit case took on that vexing issue, while the majority sidestepped it altogether while refusing to compel arbitration. In Boardman v. Pacific Seafood Group, __ F.3d __, 2016 WL 1743350 (9th Cir. May 3, 2016), a group of...


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Sign O’ The Times: SCOTUS Denies Cert In Franchise Arbitration Dispute

By Liz Kramer | April 22 2016

Scope of Arbitration Agreement, Validity of Arbitration Agreement On Monday of this week, after stringing the parties along for five months, SCOTUS denied cert  in a case involving the intersection between arbitration and franchise regulation.  The petition was filed in November of 2015, and after the respondent initially declined to respond, the Court specifically requested a...


outline map of us state of california on blackboard

Exhibit C For The Case That California Is No Longer Anti-Arbitration

By Liz Kramer | March 30 2016

Validity of Arbitration Agreement The Supreme Court of California this week enforced the arbitration agreement between an employee and employer.  Yes, you read that right.  While reputed to be reliably anti-arbitration, California's highest court continues to provide evidence that it is tired of being reversed by SCOTUS * and is ready to follow...



In 3 Recent Decisions, Supreme Court of Arkansas Deeply Divided on Arbitration

By Liz Kramer | March 24 2016

Validity of Arbitration Agreement The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent.  The cases offer an interesting look at a state high court that appears to be struggling to deal with FAA case law...