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

Second Circuit Finds Courts Have Power To Enjoin Arbitration In Limited Circumstances

By Liz Kramer | November 17 2011

Appealing Arbitration Decisions, Litigation vs. Arbitration, Validity of Arbitration Agreement The Second Circuit just held that a federal court has the power to enjoin an ongoing arbitration.  In re Am. Express Fin. Advisors Sec. Litig., ___ F.3d ___, 2011 WL 5222784  (2nd Cir. 2011).  While many litigants would no doubt like a federal court to enjoin their arbitrations -- especially when arbitrators refuse...

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Dear Parties: “Piecemeal” Schmeecemeal. Just Arbitrate. Love, SCOTUS

By Liz Kramer | November 8 2011

Litigation vs. Arbitration, Uncategorized Despite the Supreme Court's best efforts, some myths of arbitration law just will not die.  In yesterday's per curiam decision of the Supreme Court, the Justices tried to put a stake through the heart of a common myth: that a party may successfully avoid a motion to compel arbitration by arguing that not all claims...

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Arbitration Clause Sticks To Non-Signatories Like A Half-Eaten Halloween Sucker

By Liz Kramer | November 3 2011

Litigation vs. Arbitration, Scope of Arbitration Agreement, Waiver of Right to Arbitrate Two recent decisions illustrate how individuals that did not sign a contract can be bound by that contract's arbitration provisions.  In the first, Blaustein v. Huete, 2011 WL 5103759 (5th Cir. Oct. 26, 2011), an individual member of an LLC, Huete, argued he should not be bound by the arbitration clause between...

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You Don’t Have To Arbitrate Your Dispute With The Moving Company

By Liz Kramer | October 26 2011

Validity of Arbitration Agreement Just in time to participate in Arbitration Nation's (unplanned) series on legislative nullification of arbitration agreements,  the Ninth Circuit Court of Appeals ruled last week that the Carmack Amendment nullifies pre-dispute arbitration agreements in interstate shipment contracts.  Smallwood v. Allied Van Lines,...

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“I’m Good Enough, I’m Smart Enough, And Dog-gone It” I Don’t Like Mandatory Arbitration

By Liz Kramer | October 18 2011

Litigation vs. Arbitration, Uncategorized, Validity of Arbitration Agreement Minnesota Senator Al Franken, among others, responded to the Supreme Court’s Concepcion decision  by introducing a bill called the Arbitration Fairness Act of 2011 (S.987, also in the House as H.R. 1873) last May, which would legislatively nullify arbitration provisions in various types of agreements.  The Senate...

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Federal Judge Disqualifies Lawyers Based On Misconduct In Arbitration

By Liz Kramer | October 12 2011

Appealing Arbitration Decisions, Arbitration Rules/Procedures The lawyers who sought to disqualify their opposing counsel during a pending arbitration must have been giddy when they drew Judge Shira Scheindlin of the Southern District of New York as their judge.  Judge Scheindlin, who is famously tough on unscrupulous lawyers, did not disappoint.  She went out of her way...

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Precluding Arbitration in Legislation: Supreme Court Preview

By Liz Kramer | October 7 2011

Litigation vs. Arbitration, Validity of Arbitration Agreement Since the last post dealt with legislative overrides of arbitration agreements, this one will expand on that theme with a preview of an upcoming Supreme Court case.  In CompuCredit Corp. v. Greenwood, to be heard on October 11, the Supreme Court will decide whether Congress intended to prohibit arbitration of...

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Circuit Split On Whether Federal Lemon Law Claims Are Arbitable

By Liz Kramer | October 3 2011

Validity of Arbitration Agreement The Federal Trade Commission has long construed the Magnuson-Moss Warranty Act, a.k.a the “federal lemon law,” as barring binding arbitration provisions that consumers are asked to sign upon purchasing a product.  In fact, the FTC issued a rule that prohibits courts from enforcing binding arbitration clauses in...

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Employee-on-Employee Violence Not Within Scope of Arbitration Agreement

By Liz Kramer | September 29 2011

Litigation vs. Arbitration, Scope of Arbitration Agreement Last week the Eleventh Circuit interpreted the scope of the arbitration agreement within a plaintiff's employment contract to exclude civil claims stemming from her sexual assault by fellow employees.  In doing so, the court may have signaled a discomfort with sending civil claims based on criminal conduct to...

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Is A Specified Arbitral Provider or Rule Set An Essential Term Of The Arbitration Agreement?

By Liz Kramer | September 23 2011

Arbitration Rules/Procedures, Validity of Arbitration Agreement By Liz Kramer and Patrick Burns (http://www.valuesolveadr.org/patrick.html ), Guest Blogger If an arbitration agreement calls for the dispute to be administered by an ADR provider that will not or cannot accept the case, or calls for the application of non-existent rules, it may not be enforceable.  That issue...

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