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 Year In Review Posts
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Federal Courts Teach Arbitration 101 In Recent Opinions

By Liz Kramer | July 26 2016

Waiver of Right to Arbitrate, Year In Review While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics.  In recent weeks, federal appellate courts have reminded parties who has the burden of proving an agreement to arbitrate, what should happen to the case when...


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New Stats From The AAA

By Liz Kramer | June 29 2016

Year In Review The American Arbitration Association (AAA) has not released statistics for years (other than to the CFPB). But recently, arbitration geeks got a summer solstice gift of (limited) new information. The piece is only three pages, short enough to read during a commercial break, but here are some key numbers to...



Hold Onto Your Hats: CFPB Proposed Rules Will Lead to Lots of Class Action Litigation

By Liz Kramer | May 5 2016

Class Arbitration, Year In Review Today the Consumer Financial Protection Bureau proposed the rules that it previewed last fall, following up on its Arbitration Study. Those rules would essentially ban class action waivers from consumer financial agreements, as well as requiring arbitral institutions to provide data on consumer financial disputes to...


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SCOTUS Vacates Second Arbitration Case This Term

By Liz Kramer | March 1 2016

Appealing Arbitration Decisions, Validity of Arbitration Agreement, Year In Review Showing it will soldier on without Justice Scalia, the Supreme Court granted cert, vacated, and remanded an arbitration decision from West Virginia yesterday.  Because this is the exact same treatment the Court gave a case from Hawaii's highest court in January (and the same treatment I predicted, ahem), it...



Scalia Sizzled on Arbitration

By Liz Kramer | February 22 2016

Year In Review Justice Scalia wrote some blockbuster decisions about arbitration, enforcing arbitration agreements regardless of their real-world impact, and making a potentially dry topic exciting and contentious.  Readers of his opinions knew from the first few paragraphs of the analysis how the case was coming out.  If he was...


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SCOTUS’s Arbitration Docket Contracts

By Liz Kramer | January 13 2016

Validity of Arbitration Agreement, Year In Review The actual and potential arbitration docket at the Supreme Court contracted in the last week due to three events. First, SCOTUS made quick work of an appeal from the Hawaii Supreme Court.  Remember when I predicted that the DIRECTV case was going to make it even harder for state courts to find arbitration...


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2015: Arbitration Inches Toward Center Stage

By Liz Kramer | December 30 2015

Year In Review Arbitration case law did not break any new ground in 2015.  Instead, a larger sector of the public became aware of the ground already broken in 2011 and 2013, as well as how common arbitration is in professional sports. Let's review some of the attention-grabbing arbitration headlines of 2015.  There...



2014: The Year of Arbitrator Authority

By Liz Kramer | December 31 2014

Year In Review A lot of interesting arbitration law was made this year, on topics from validity to vacatur, but the banner issue was arbitrator authority.  SCOTUS announced that theme for the year with its BG Group decision in March and federal and state courts around the country ran with it.  [Warning: this post is a doozy.  Get...



Three-Peat: ArbitrationNation Makes ABA’s Blawg 100 Again in 2014

By Liz Kramer | November 25 2014

Year In Review Do you remember Balki's Dance of Joy from the TV show Perfect Strangers?  That is what I am doing today.  Editors of the ABA Journal announced yesterday they have selected ArbitrationNation as one of the top 100 best blogs for a legal audience for the third straight year (out of 4,000+ legal blogs).  I am very...



The Next Frontier of Arbitration Litigation: Lessons From State Courts

By Liz Kramer | August 19 2013

Appealing Arbitration Decisions, Scope of Arbitration Agreement, Validity of Arbitration Agreement, Waiver of Right to Arbitrate, Year In Review After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share.  First, that is not the best way to spend your summer vacation, even for a devoted arbitration nerd.  And second, there are arbitration issues percolating in...