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 Posts

Five Biggest Surprises In Arbitration Law (Blogiversary Listicle #1)

By Liz Kramer | August 22 2016

ArbitrationNation Roadmaps (primers) Do you hear the corks popping, friends??  You should, because the imaginary champagne was just opened and the balloons have been released to the far corners of the internets in honor of ArbitrationNation's FIFTH ANNIVERSARY!  At the end of this week, I will have published 253 posts over the course of five...


A lot of money in piles of coins

Is Refusal To Pay Fees A Way Out Of Arbitration?

By Liz Kramer | August 10 2016

Arbitration Rules/Procedures, Litigation vs. Arbitration The 9th Circuit recently allowed a claimant to proceed in court after her arbitration had been terminated due to her  failure to pay half the arbitration fees. Tillman v. Tillman, __ F.3d __, 2016 WL 3343785 (9th Cir. June 15, 2016). The case involved a client's malpractice claim against her lawyers, which was...


Vector illustration of dictionary

What’s in a Name?: Defining Arbitration Across the Circuits

By Liz Kramer | August 3 2016

ArbitrationNation Roadmaps (primers), Litigation vs. Arbitration What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it.  While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance from the U.S. Supreme...


3d illustration of bright empty classroom with desks and chairs

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...


Atlanta Georgia City Skyline Night Silhouette Inside Peach Fruit Illustration

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

By Liz Kramer | July 15 2016

Class Arbitration, Litigation vs. Arbitration, Validity of Arbitration Agreement, Waiver of Right to Arbitrate Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint Is Deemed Arbitration Opt Out For All Class Members In Bickerstaff v. SunTrust Bank,...


Illustration with superhero flying to fight with crime and protect the city drawn in comics style

Three Blockbuster Summer Arbitration Decisions

By Liz Kramer | July 8 2016

Appealing Arbitration Decisions, Scope of Arbitration Agreement, Validity of Arbitration Agreement While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in the making (maybe finally released because the clerks are about to turn over?). Today, I...


Supreme Court Sunrise

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...



Don’t Find Yourself SOL: Know Whether the Statute of Limitations Applies to Your Arbitration

By Liz Kramer | June 22 2016

ArbitrationNation Roadmaps (primers) Statutes of limitations provide peace of mind for many attorneys and clients, knowing previous conduct cannot lead to liability after a prescribed time period. But, do statutes of limitations apply to arbitration proceedings? The answer is: not necessarily.  Because of that, advocates and parties need to know when...


a graduation cap (mortar board) with tassle

New Jersey Becomes Third Recent State Court to Refuse To Enforce Delegation Clause

By Liz Kramer | June 15 2016

Validity of Arbitration Agreement In a decision that appears intentionally controversial, the Supreme Court of New Jersey yesterday refused to enforce the delegation clause in a for-profit college's enrollment agreement in a 5-1 opinion.  Morgan v. Sanford Brown Institute, 2016 WL 3248016 (N.J. June 14, 2016).  Although the delegation clause had...



Out On A Limb, 7th Circuit Creates Circuit Split Over Class Arbitration For Employees

By Liz Kramer | June 7 2016

Class Arbitration Of all the federal circuit courts, I was not expecting the 7th Circuit to venture out on a limb to support the NLRB's interpretation of the National Labor Relations Act (NLRA) as precluding class arbitration waivers.  After all, the 7th Circuit gets affirmed more than other circuit courts by SCOTUS, earning it a...