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
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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BdayHat2

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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Arbitration Nation Among Best “Blawgs” of 2011

By Liz Kramer | January 10 2012

Uncategorized, Year In Review Big day here at Arbitration Nation.  The U.S. Supreme Court issued a new arbitration decision and Arbitration Nation was named one of the best legal blogs in Minnesota!  I am honored to be in the company of such great legal writing.

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Whack-a-mole

It’s A Wrap: 2011 in Arbitration Law

By Liz Kramer | December 30 2011

Scope of Arbitration Agreement, Validity of Arbitration Agreement, Year In Review As we pile up the cardboard boxes that held holiday gifts for the recycling truck and select our new year's resolutions for 2012, here are a few reflections on the last twelve months in arbitration law.  I would summarize it as another year where the U.S. Supreme Court was playing whack-a-mole, trying to tamp...

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