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

You Don’t Have To Arbitrate Your Dispute With The Moving Company

By Liz Kramer | October 26 2011

Validity of Arbitration Agreement Just in time to participate in Arbitration Nation's (unplanned) series on legislative nullification of arbitration agreements,  the Ninth Circuit Court of Appeals ruled last week that the Carmack Amendment nullifies pre-dispute arbitration agreements in interstate shipment contracts.  Smallwood v. Allied Van Lines,...

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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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Precluding Arbitration in Legislation: Supreme Court Preview

By Liz Kramer | October 7 2011

Litigation vs. Arbitration, Validity of Arbitration Agreement Since the last post dealt with legislative overrides of arbitration agreements, this one will expand on that theme with a preview of an upcoming Supreme Court case.  In CompuCredit Corp. v. Greenwood, to be heard on October 11, the Supreme Court will decide whether Congress intended to prohibit arbitration of...

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Circuit Split On Whether Federal Lemon Law Claims Are Arbitable

By Liz Kramer | October 3 2011

Validity of Arbitration Agreement The Federal Trade Commission has long construed the Magnuson-Moss Warranty Act, a.k.a the “federal lemon law,” as barring binding arbitration provisions that consumers are asked to sign upon purchasing a product.  In fact, the FTC issued a rule that prohibits courts from enforcing binding arbitration clauses in...

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Is A Specified Arbitral Provider or Rule Set An Essential Term Of The Arbitration Agreement?

By Liz Kramer | September 23 2011

Arbitration Rules/Procedures, Validity of Arbitration Agreement By Liz Kramer and Patrick Burns (http://www.valuesolveadr.org/patrick.html ), Guest Blogger If an arbitration agreement calls for the dispute to be administered by an ADR provider that will not or cannot accept the case, or calls for the application of non-existent rules, it may not be enforceable.  That issue...

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Another State Law Bites the Concepcion Dust

By Liz Kramer | September 9 2011

Class Arbitration, Scope of Arbitration Agreement, Validity of Arbitration Agreement In April, the Supreme Court struck down a common law rule in California that declared most consumer arbitration agreements void if they prohibit classwide arbitration of claims, holding that it was preempted by the Federal Arbitration Act.  AT&T Mobility, LLC v. Concepcion, 131S. Ct. 1740 ( 2011).  In the last...

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Has The Parade of Predicted Horribles From Rent-A-Center Come To Pass?

By Liz Kramer | September 1 2011

Validity of Arbitration Agreement Just over a year has passed since the U.S. Supreme Court applied the severability doctrine in Rent-A-Center, West Inc.  v. Jackson, 130 S. Ct. 2772 (2010), in such a way that Justice Stevens and three others dissented, raising the specter of “infinite layers of severability” and a parade of arbitrability...

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The Arbitrator Finds The Contract Invalid. Now What?

By Liz Kramer | August 19 2011

Appealing Arbitration Decisions, Validity of Arbitration Agreement What is an arbitrator to do after concluding that the parties' entire agreement -- the same agreement that authorized the arbitration proceeding -- is invalid?  That is the question that the California Court of Appeal addressed this week.  The California court ruled that the arbitrator was authorized to reach a...

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Are Consumer Health Care Disputes Exempted From Arbitration?

By Liz Kramer | August 11 2011

Validity of Arbitration Agreement West Virginia’s highest court acknowledged just weeks ago that a state statute, which nullified any nursing home resident’s waiver of his or her right to a court action, is preempted by the FAA.  Brown v. Genesis Healthcare Corp., et al, __ S.E.2d ___, 2011 WL 2611327 (W. Va. June 29, 2011).  More interesting,...

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