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

Arbitrator’s False Credentials Are Sufficient To Vacate Award

By Liz Kramer | November 14 2016

Appealing Arbitration Decisions In most circumstances, the Federal Arbitration Act requires that the losing party move to vacate an arbitration award within three months.  However, the Ninth Circuit recently ruled that the three-month timeline can be tolled, especially for something as significant as the chair lying about being a licensed...

READ MORE

SCOTUS Accepts Review of Kentucky Nursing Home Arbitration Case

By Liz Kramer | October 30 2016

Validity of Arbitration Agreement On October 28, the Supreme Court granted a cert petition in a case in which the Kentucky Supreme Court refused to enforce arbitration agreements in nursing home agreements.  (Kentucky recently topped my list of states hostile to arbitration precisely because of the language in the decision that will be...

READ MORE

Louisiana Rejects Arbitration Clause In Contract Of Adhesion

By Liz Kramer | October 23 2016

Validity of Arbitration Agreement The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause "is adhesionary and therefore unenforceable".  Duhon v. Activelaf, LLC, __ So. 3d __, 2016 WL 6123820 (La. Oct. 19 2016); Alicea v. Activelaf, LLC, __ So. 3d __, 2016...

READ MORE

Administration Joins Courts In Prohibiting Arbitration In Nursing Home Admissions

By Liz Kramer | October 16 2016

Litigation vs. Arbitration, Validity of Arbitration Agreement Within the U.S. Government, the CFPB has gotten most of the attention for trying to regulate consumer arbitration.  But this month, the Centers for Medicare & Medicaid Services (CMS) are bumping the CFPB out of the arbitration regulation spotlight.  In particular, the CMS issued a rule that will prohibit the use...

READ MORE

Preemption Parade: FAA Rolls Over Three State Rules

By Liz Kramer | October 5 2016

Validity of Arbitration Agreement Lest anyone think that the preemption doctrine in arbitration has gone dormant, today's cases should set the record straight.  Courts have recently found the FAA preempted state rules in Pennsylvania, South Carolina, and Alabama. The Pennsylvania Supreme Court found that one of its rules of civil procedure was...

READ MORE

Futility Trumps Waiver of Arbitration Rights in Third Circuit

By Liz Kramer | September 26 2016

Class Arbitration, Waiver of Right to Arbitrate Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel arbitration is that the motion would have been futile.  Chassen v. Fidelity Nat'l Fin., Inc.,...

READ MORE

Uber Enforces Arbitration Due To Delegation Clause And Opt Out

By Liz Kramer | September 14 2016

Class Arbitration, Validity of Arbitration Agreement The 9th Circuit's decision to enforce the arbitration agreement in Uber's agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it's worth reviewing the...

READ MORE

Lessons From Recently Vacated Arbitration Awards

By Liz Kramer | September 6 2016

Appealing Arbitration Decisions While I was busy blogging out listicles and "think pieces" last month, my stack of unread arbitration cases grew exponentially.  August was apparently a very busy month for publishing arbitration opinions.  Maybe most surprisingly, the federal appellate courts vacated three arbitration awards in recent weeks.  So...

READ MORE

Five Things That Should Be In Your Arbitration Agreement (Blogiversary Listicle #5)

By Liz Kramer | August 26 2016

ArbitrationNation Roadmaps (primers) I am celebrating my fifth anniversary of blogging by publishing one listicle per day this week, and today is the last one (sniff, sniff). To recap: Monday's topic was the five biggest surprises in arbitration law; Tuesday's was the five states most hostile to arbitration; Wednesday's was the five arbitration...

READ MORE

Five Biggest Surprises In The Arbitration Process (Blogiversary Listicle #4)

By Liz Kramer | August 25 2016

ArbitrationNation Roadmaps (primers) I am celebrating five years of blogging by publishing one "listicle" per day this week.  Monday, the topic was the five biggest surprises in arbitration law; Tuesday it was the five states most hostile to arbitration; Wednesday it was the five arbitration cases lawyers really ought to know.  Today, we leave case...

READ MORE