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

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...


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...


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,...