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 →

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Are Consumer Health Care Disputes Exempted From Arbitration?

By Liz Kramer | August 11 2011

Validity of Arbitration Agreement West Virginia’s highest court acknowledged just weeks ago that a state statute, which nullified any nursing home resident’s waiver of his or her right to a court action, is preempted by the FAA.  Brown v. Genesis Healthcare Corp., et al, __ S.E.2d ___, 2011 WL 2611327 (W. Va. June 29, 2011).  More interesting,...

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We Are Becoming an Arbitration Nation

By Liz Kramer | August 11 2011

Appealing Arbitration Decisions, Arbitration Rules/Procedures, Scope of Arbitration Agreement The AAA just reported that 143,349 cases were filed with it in 2010.  JAMS reports that approximately 10,000 cases are filed with it each year. There were 190,543 new civil cases filed with all the U.S. District Courts in 2010. In short, two of the largest ADR providers are currently handling almost as many...

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