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

Third Circuit Says “Bring On De-Funct!”

By Liz Kramer | January 25 2012

Arbitration Rules/Procedures, Validity of Arbitration Agreement In a 2-1 decision, the Third Circuit held last week that the arbitration agreement in a personal computer purchase was valid, despite its mandate of a defunct arbitral forum.  Its decision, Khan v. Dell Inc., ___ F.3d ___, 2012 WL 163899 (3d Cir. Jan. 20, 2012), is in line with the decision of the South Dakota...

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Piercing The Corporate Veil To Collect On Award Is Outside Scope of Arbitration Clause

By Liz Kramer | January 19 2012

Scope of Arbitration Agreement The highest court in the District of Columbia has held that piercing the corporate veil is outside the scope of the arbitration clause in Giron v. Dodds, 2012 WL 18574 (D.C. Ct. App. 2012).  But the case’s reasoning may extend to all cases in which a party must bring a court case in order to collect on an...

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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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CompuCredit Corp. v. Greenwood: 8-1 SCOTUS Decision Finds Credit Repair Organizations Act Does Not Preclude Arbitration

By Liz Kramer | January 10 2012

Litigation vs. Arbitration, Validity of Arbitration Agreement In a very narrow decision today, the U.S. Supreme Court found that the Credit Repair Organizations Act (CROA) does not preclude the arbitration of consumer suits alleging violations of that Act.  CompuCredit Corp. v. Greenwood, 565 U.S. ___ (2012).  The 8-1 decision was written by (who else?) Justice Scalia, with...

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South Dakota Disagrees with Illinois and Pennsylvania, Finding Choice of Defunct Arbitration Rules is Not “Integral” To Agreement

By Liz Kramer | January 4 2012

Arbitration Rules/Procedures, Validity of Arbitration Agreement Earlier in 2011, courts in both Pennsylvania and Illinois issued decisions finding that when a consumer's arbitration agreement called for the National Arbitration Forum (NAF) to administer the arbitration, but the NAF no longer administered consumer disputes, the arbitration agreements were unenforceable.  Those...

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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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An “Impasse” Of One Or Two Months Over Arbitrator Selection Does Not Entitle Court to Appoint Arbitrator

By Liz Kramer | December 21 2011

Arbitration Rules/Procedures The Supreme Court of Texas issued three decisions last week that all relate to arbitrator selection and offer reminders to drafters and litigators that arbitrator selection is a critical component of arbitration agreements. Two of the decisions involved tort claims against the same defendant, a cemetery owner. ...

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Severability Squared: Can Invalid Provisions Within an Arbitration Agreement Be Severed?

By Liz Kramer | December 6 2011

Validity of Arbitration Agreement Do you remember the moment when you first encountered the concept of arbitrating arbitrability?  Just the phrase is mind-bending!  It took me a while to wrap my head around the idea that parties could separately agree to arbitrate the question of whether they really had to arbitrate.   Well, here's a similar...

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Twin Decisions From Florida Supreme Court Throw One-Two Punch at Nursing-Home Arbitration Agreements

By Liz Kramer | November 30 2011

Validity of Arbitration Agreement The Supreme Court of Florida has moxie.  It issued two new decisions the day before Thanksgiving which go out of their way to sidestep and distinguish the U.S. Supreme Court's decision in Rent-A-Center, West v. Jackson, 130 S. Ct. 2772 (2010), in order to find that nursing home residents may not be compelled to...

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A Real Horn of Arbitration Plenty

By Liz Kramer | November 23 2011

Uncategorized Happy Thanksgiving from Arbitration Nation!  There are no new and exciting cases to talk about,* so I am reverting to the Thanksgiving staple -- talking about what I am thankful for.  And, I am thankful for all of you!  Starting this blog has been one of the highlights of my professional year.  Not only has...

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