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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Federal Circuit Refuses To Enjoin International Arbitration of Patent Claims

By Liz Kramer | May 16 2013

Appealing Arbitration Decisions, Litigation vs. Arbitration Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute.  In Sanofi-Aventis Deutschland Gmbh v. Genentech, Inc., __ F.3d __, 2013 WL 1921073 (Fed. Cir. May 10, 2013), it affirmed the district court's decision not to enjoin a foreign...

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One hundred birthday or anniversary celebration

Recipe For The Best Arbitration Agreement Ever (Post #100)

By Liz Kramer | May 9 2013

ArbitrationNation Roadmaps (primers) As a thank you to all the subscribers and readers who continue fueling Arbitration Nation's success, this 100th blog post contains my recipe for the Best Arbitration Agreement Ever.  (I know, where did the time go??  The blog is growing up so fast!)  What should your arbitration agreement include?  How can...

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Federal Courts Can Enjoin State Court Litigation of Arbitrable Claims

By Liz Kramer | May 3 2013

Arbitration Rules/Procedures, Litigation vs. Arbitration In a new case that reminds federal judges everywhere to sing "I've got the power!" like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to "protect or effectuate" an order compelling arbitration.  American Family Life Assurance Co. of Columbus...

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Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims of Agreement”

By Liz Kramer | April 25 2013

Appealing Arbitration Decisions In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer's fraud and breaches of contract, the Fifth Circuit found that the arbitrator's creative award must be upheld under the Federal Arbitration...

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Ninth Circuit Revives California Law That Allows Plaintiffs Seeking Injunctive Relief To Avoid Arbitration

By Liz Kramer | April 17 2013

Class Arbitration, Validity of Arbitration Agreement More than one year ago, a three-judge panel of the Ninth Circuit determined that California case law, which precluded arbitration of claims asking for public injunctive relief, was preempted by the Federal Arbitration Act.  Upon rehearing the case en banc, the Court backpedaled.  Kilgore v. KeyBank Nat'l Assoc., __...

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Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application of Concepcion

By Liz Kramer | April 8 2013

Class Arbitration, Validity of Arbitration Agreement The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal preemption of state arbitration law.  Muriithi v. Shuttle Express, Inc., __ F.3d __, 2013 WL...

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Sixth Circuit Paints Vivid Picture of “Evident Partiality” Sufficient to Vacate Arbitration Award

By Liz Kramer | April 4 2013

Appealing Arbitration Decisions One of the very few ways to show evident partiality by an arbitrator is to show the arbitrator had financial ties to a party or witness in the proceeding, another is to show the arbitrator prejudiced a party by reversing a procedural or evidentiary ruling during the hearing.  The Sixth Circuit found a Michigan...

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Plaintiffs Must Arbitrate Individually, Even If It Means No “Pattern-or-Practice” Claim

By Liz Kramer | March 27 2013

Class Arbitration, Validity of Arbitration Agreement All the cool kids are talking about class arbitration lately. . .  There are the two cases pending before SCOTUS, and now the Second Circuit confirms its place in the "in crowd" with a decision forcing a class of employees into arbitration in Parisi v. Goldman, Sachs & Co., __ F.3d __, 2013 WL 1149751 (2d...

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SCOTUS Struggles With Standard Of Review For Arbitrator’s Decision To Allow Class Arbitration

By Liz Kramer | March 25 2013

Class Arbitration While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator's decision that the parties' contract authorized class arbitration, the decision really turns on how the Court will review all arbitration decisions.  (Transcript here.)  Multiple...

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Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk of Sanctions”

By Liz Kramer | March 19 2013

Appealing Arbitration Decisions In an opinion released yesterday, the Seventh Circuit schooled appellant's counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial arbitration awards, and finally expressed profound disappointment with the frequency of motions to...

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