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
CowboyRodeo

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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Map of West Virginia

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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scalia

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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Supreme Court USA

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...

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DelilahInSink

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...

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2014Blawg100

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...

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SpaceFrontier

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...

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2012 in Arbitration Law: Is Class Arbitration Naughty or Nice?

By Liz Kramer | December 20 2012

Class Arbitration, Year In Review The big issue in arbitration law in 2012 was class arbitration.  Many state court opinions that had found class arbitration waivers unconscionable were preempted under federal law based on application of Concepcion.  And the federal circuit courts developed a split on how to interpret Stolt-Nielsen in cases where...

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Happy First Birthday to Arbitration Nation!

By Liz Kramer | August 13 2012

Uncategorized, Year In Review Take out your birthday hats and balloons -- Arbitration Nation is celebrating its first full year of existence!  I have enjoyed reading all the developments in arbitration law over the past year and connecting with many people -- through this blog, listservs, emails and Twitter-- about their reactions to the case...

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