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

New Administration Dismantles More Of Obama Arbitration Regulations

By Liz Kramer | June 22 2017

Year In Review It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes.  Now, the Trump Administration has altered course on two other issues of arbitration policy. First, the Department of Education has "delayed until further notice" its ban on pre-dispute...

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Sixth Circuit Adds to a Growing Circuit Split; SCOTUS to Decide Scope of Employees’ Arbitration Rights

By Liz Kramer | June 14 2017

Class Arbitration, Year In Review In National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 2017 WL 2297620 (6th Cir. May 26, 2017), the Sixth Circuit joined the Seventh and Ninth Circuits in upholding the NLRB's decision that barring an employee from pursuing class action or collective claims violates the NLRA. Already lined...

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Trump Administration Gives First Peek Into Its Arbitration Strategy

By Liz Kramer | June 7 2017

Year In Review In a first indication of the Trump Administration's stance on consumer arbitration, the Centers for Medicare & Medicaid Services (CMS) this week issued a new proposed rule that rolls back the Obama Administration's regulation, which precluded pre-dispute arbitration agreements in nursing homes.  (Too many...

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SCOTUS Reverses KY Nursing Home Arbitration Decision; Refuses To Prioritize Right To Jury Trial

By Liz Kramer | May 15 2017

Validity of Arbitration Agreement, Year In Review Just as I predicted, SCOTUS reversed the Kentucky Supreme Court's decision in Kindred this morning.  The interesting piece, though, is that the seven member majority went out of its way to cut off some of the "on trend" methods that state courts have been using to avoid arbitration...

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2016 in Arbitration Law: Fleeting Victories for Consumer Advocates?

By Liz Kramer | January 4 2017

Year In Review If I had drafted this annual summary post on November 7, 2016, it would have looked different. At that point, the year had produced numerous (final or proposed) federal regulations that significantly restricted the use of arbitration with consumers in large industries.  In addition, Justice Scalia's death, along with...

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ArbitrationNation Marks 5th Year On ABA’s Blawg 100 List

By Liz Kramer | November 29 2016

Year In Review Editors of the ABA Journal  have selected ArbitrationNation as one of the top 100 best "blawgs" for a legal audience.  This marks the fifth consecutive year that this blog has made the cut.  (See the full list here.)  It remains the only arbitration blog on the list. Thank you to everyone who nominated...

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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...

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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...

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