Alternative Dispute Resolution

Practice Points

2019

Ninth Circuit Permits Appeal of Order Remanding Case for New Arbitration
By Andrew D. Campbell – March 06, 2019
The circuit determined that an order that vacates and orders further proceedings was appealable.

What Will They Think of Next?
By Mitchell L. Marinello – February 27, 2019
The FAA says state law may not discriminate against arbitration agreements, but state legislatures and courts, most recently in Kentucky, keep coming up with new ways to avoid this ruling.

Parties Share Responsibility for Getting Complete Arbitrator Disclosures 
By Jeanne Kohler – February 13, 2019
A party’s failure to ask questions can doom its later effort to avoid confirmation of the award.

Second Circuit Recognizes Exception to Functus Officio Doctrine
By Michael S. Oberman – February 6, 2019
The court affirmed, largely based on precedent from other circuits.

The Hague Conference Guide on the Use of Video Links
By S. I. Strong – January 23, 2019
Although the Hague Evidence Convention is not binding in arbitration, neutrals and advocates would be well advised to take these principles into consideration.

Seventh Circuit: Class Arbitration Is for Courts to Decide, Not Arbitrators
By Gail Jankowski – January 17, 2019
Although predictions are hazardous, in all likelihood the district court will find that the applicable arbitration clause does not authorize class or collective arbitration.

Supreme Court Says “Wholly Groundless” Argument Is Just That
By Mitchell L. Marinello – January 10, 2019
In the absence of a clause giving the arbitrator the right to decide his or her own jurisdiction or the adoption of arbitration rules that give the arbitrator this authority, the courts are responsible for deciding issues of arbitrability.

2018

What Do You Call a Worker?
By Maretta Comfort Toedt – December 28, 2018
The Federal Arbitration Act, mandatory arbitration agreements, and independent contractors.

Eleventh Circuit Adds to Circuit Split Over Class Arbitrations
By Henry R. Chalmers – December 20, 2018
According to the court, incorporating AAA Rules into an arbitration agreement is sufficient evidence that the parties intended for the arbitrator, not a court, to decide whether an agreement permits arbitration of class claims.

Ethics Misstep Leads to Fee Award Being Vacated
By Mitchell L. Marinello – December 6, 2018
Lawyers should disclose conflicts of interest at the beginning of the engagement to avoid the risk of disqualification and of losing the client and compensation.

Non-Signatory Insurers Able to Compel Arbitration
By Melanie Mohr – November 28, 2018
Using the doctrine of equitable estoppel can require plaintiffs to arbitrate when their claims are intertwined with others that are subject to arbitration.

U.S. Supreme Court to Decide Three Arbitration Cases in Fall 2018 Term
By Beth Graham – November 16, 2018
The Court heard oral arguments in October of this year.

Be Sure Your Arbitration Agreement Is Clear about Who Decides Arbitrability
By Maretta Comfort Toedt – November 7, 2018
The parties also did not settle on whether the agreement provided the dispute to be heard as a class.

Arbitration Can’t Be Efficient if the Parties (or Any Party) Won’t Let It Be
By Robert L. Arrington – October 31, 2018
Sometimes the parties themselves conspire, wittingly or unwittingly, to make the process slower and more expensive than litigation.

California’s Birbrower Decision Is Laid to Rest
By Dixon Q. Dern – October 25, 2018
Lawyers are no longer considered to be engaging in “the unauthorized practice of law.”

Second Circuit Declines to Enforce Consumer Arbitration Post-Bankruptcy
By Briana Echols – October 10, 2018
Employers can use arbitration clauses to prevent class action suits from employees.

Texas Court Affirms Award Against Absent Party
By Melanie Mohr – September 26, 2018
Dixie ordered to pay $16 million for breach of contract.

California Requires New Mediation Disclosure
By Ana M. Sambold – September 20, 2018
Attorneys are now required to provide clients with a printed disclosure regarding confidentiality restrictions in mediation and obtain a signed acknowledgement.

Award Confirmed Despite Exclusion of Evidence
By Mark Kantor – September 13, 2018
An arbitrator is not required to accept all the evidence so long as the parties receive a fundamentally fair hearing.

"Very Limited Review" Given to Arbitration Award in Divorce Setting
By Andrew VandenBerg – September 6, 2018
The arguments for modification or rejection did not meet requirements stated in the Illinois Uniform Arbitration Act.

Delegation Clause in Insurance Contract Is Void under Virginia Law
By Mengru Song – August 29, 2018
Insurers cannot compel a policyholder to arbitrate insurance disputes.

Mississippi Supreme Court Rejects Trial Court’s Modification of Award
By Katharine Kohm – August 23, 2018
The court emphasized that "arbitration is meant to supplant litigation, not supplement it."

Non-Signatory Cannot Be Required to Arbitrate
By Julia Karaulna – August 15, 2018
The First Circuit concluded that agency, equital estoppel, and third-party beneficiary theories did not apply in this case.

Two Brokers Sue FINRA: The Immunity of Arbitral Institutions
By Mark Kantor – August 9, 2018
A recent decision from the U.S. Court of Appeals for the Seventh Circuit leaves many important issues about this topic unresolved.

Judgment Confirming Award Reversed Due to Hague Convention
By Mitchell L. Marinello – July 31, 2018
The California Court of Appeals found two recent cases unpersuasive.

Intervention Denied in Proceeding to Confirm Arbitration Award
By S.I. Strong – July 20, 2018
Proposed intervenors claimed an interest in the proceeding based on a fear that the award might ultimately be enforced against them.

Post-Litigation Arbitration Agreement Held Unenforceable
By Raven Villegas – July 13, 2018
Compelling arbitration a year after the commencement of litigation is viewed as a delay tactic.

Uber Defeated by the Color of Its Hyperlink
By Liz Kramer – July 5, 2018
Does enforcement of an arbitration clause hinge on the color of your website design?

Supreme Court to Hear “Groundless Arbitration” Case
By Mark Kantor – June 29, 2018
Does the Federal Arbitration Act permit an arbitrator to decide arbitrability?

Enforcement of Arbitration Clause Does Not Constitute State Action
By Milana Lickova – June 22, 2018
AT&T customers brought a class action alleging false advertising of data services.

Will SEC Approve Mandatory Securities Arbitration?
By S.I. Strong – June 13, 2018
Questions have arisen as interest in shareholder arbitration has been increasing around the world.

Are Truck Drivers Exempt from the FAA When Classified as Independent Contractors?
By Mitchell L. Marinello – June 6, 2018
The exemption does not apply to sales employees but only to “transportation workers.”

An Epic Decision
By Debra Fischman, James M. Garner, and Jeffrey D. Kessler – May 30, 2018
Employers may continue to require workers to relinquish the right to bring class-action claims on disputes over wages and hours.

Text Message Plaintiff Not Bound to Arbitrate
By Nicole O’Toole – May 23, 2018
Subway's spam causes headache, not indigestion.

Wanna Be a Mediator? Find a Niche
By John Bickerman – May 16, 2018
Becoming a successful neutral is not an easy task and there is no guarantee for success.

Arbitral Immunity Does Not Apply to Claim for False Advertising
By S.I. Strong – May 10, 2018
The ultimate decision in federal court could have significant repercussions on the arbitral industry.

Arbitrators Not Authorized to Subpoena Non-Parties for Document Discovery
By Mark Kantor – May 2, 2018
The Ninth Circuit based its decision on this emerging rule on a textual reading of the FAA.

FLSA Claims Held Arbitrable Against All Three Employers
By Kelly Rice – April 25, 2018
Signing an employment contract with only one company does not preclude arbitration with all companies involved.

Arbitrator Has Authority to Make Summary Dispositions
By Mark Kantor and Mitchell Marinello – April 19, 2018
The court found such authority was implicit.

Arbitrator Decides Own Jurisdiction under JAMS Rules
By Henry Caldwell – April 13, 2018
The incorporation of JAMS rules into the clause granted power “clearly and unmistakably” to the arbitrators.

Med-Arb: Maybe Not a Better Idea
By John Bickerman – April 4, 2018
Should the same person serve as the mediator and arbitration in a single dispute?

Minor Not Bound by Mother’s Arbitration Agreement
By S.I. Strong – March 28, 2018
A class action complaint was filed against Credit One Bank for repeated, harassing telephone calls to the child’s cellphone.

Appropriations Act Targets Arbitration
By Mark Kantor – March 22, 2018
A last-minute budget agreement slides a pre-dispute arbitration provision rider into final legislation.

Mixing It Up: Did We Mediate or Arbitrate?
By Mitchell L. Marinello – March 14, 2018
Be careful to properly document the nature of your proceedings.

Reference to Nonexistent Arbitration Forum Nullifies Arbitration Agreement
By Robert E. Bartkus – March 8, 2018
CashCall has been the subject of significant litigation due to its unique business model and bizarre arbitration clauses.

Email to Employee Not Sufficient Notice of Arbitration
By S.I. Strong – February 28, 2018
A recent case from the English Commercial Court considers issues relating to service of notice of arbitration by email.

Financial Hardship Can Nullify Employee’s Obligation to Arbitrate Statutory Claims
By Lally Gartel – February 13, 2018
New York appellate court rules the trial court also could consider the risk that the plaintiff might have to pay the defendant’s legal fees and expenses.

How (Not) to Carve Out Injunctive Relief from Arbitration Clauses
By D.C. Toedt III – February 8, 2018
A lesson in drafting.

Federal Court Refuses to Seal Judicial Record of Arbitration
By Mark Kantor – January 23, 2018
A recent decision offers a reminder of the hurdle a party must meet to seal a proceeding to confirm or vacate an award.

Ninth Circuit Holds that Arbitration Is Not State Action
By S.I. Strong – January 12, 2018
There’s been much scholarly debate on how best to describe the connection between arbitration and the Constitution.

Arbitrator Not Required to Follow Own Precedent
By Michael S. Oberman – January 5, 2018
The arbitrator interpreted a collective bargaining agreement differently in two different cases.

2017

Can an Arbitrator Certify an Opt-Out Class?
By Mitchell L. Marinello – December 18, 2017
Second circuit reversed decision that confirmed an arbitral award certifying a class that included “absent class members.”

Draft the Settlement Agreement First!
By John Bickerman – December 16, 2017
How do you negotiate an agreement before meeting the other side?

Look-Through Analysis Does Not Apply to Diversity Jurisdiction
By Michael S. Oberman – November 27, 2017
It was ruled “improper”to “look through” a petition to see if any other persons might be affected by the arbitration.

Tit for Tat Is Not Just for the Schoolyard
By John Bickerman – November 16, 2017
The lessons from this negotiation strategy are simple to use and have survived the test of time.

Voices of Recovery Podcast Series
By ABA CoLAP – November 10, 2017
The ABA Commission on Lawyer Assistance Programs debuted the first of a series of podcasts that will address substance use disorders, mental health issues, addiction, and recovery issues. Episode 1 features attorney Laurie Besden, the Executive Director of Lawyers Concerned for Lawyers of Pennsylvania, who shares her battles with alcohol and drug addiction.

Congress Disapproves CFPB Rule Prohibiting Arbitration
By Mark Kantor – November 3, 2017
In light of this statutory restriction, the bureau will face substantial barriers to adopting new regulations covering this subject matter.

CFPB Director Defends New Arbitration Rule
By Karl Bayer – October 25, 2017
The rule prohibits most credit card issuers and banking institutions from requiring mandatory arbitration agreements that bar collective action lawsuits.

Standard Set for Vacating an Award Procured by Fraud
By Michael S. Oberman – October 20, 2017
The denial of an award of attorney fees was reversed.

Be Careful to Avoid Conflicting Arbitration Clauses
By Kevin Casey – October 16, 2017
Or be clear which provision takes precedence.

Treasury Suggests Arbitration of Securities Actions
By Mark Kantor – October 9, 2017
The recommendation is limited to one sentence and is not further discussed.

Sixth Circuit Sides with NLRB
By Karl Bayer – September 22, 2017
An employer may not prohibit employees from pursuing litigation or arbitration for work-related claims.

Uber Arbitration Clause Upheld by Second Circuit
By Michael Oberman – September 14, 2017
Although the terms were lengthy and must be reached by a hyperlink, the arbitration clause was not unreasonably hidden.

Jury Finds for JAMS in Résumé Padding Case
By Mitchell Marinello – September 1, 2017
Client claimed he selected the arbitrator based on misrepresentations.

Florida Provides Private Arbitration and Appeal Process
By Larry Leiby – August 25, 2017
The arbitrator or private trial resolution judge must follow the law and rules of evidence that apply in court.

International Arbitration Award Is Confirmed Against Belize Government
By John McCarthy – August 17, 2017
The New York Convention can assist parties seeking to enforce an arbitration award arising from an international dispute.

Lack of Subject-Matter Jurisdiction Dooms Appeal
By Karl Bayer – August 8, 2017
The Fifth Circuit dismissed an appeal from an order confirming the selection of a panel of arbitrators.

Charanne: A New Extension of States' Regulatory Powers
By Maria Puppo Martinez – July 27, 2017
The Charanne award might be the first of many to recognize strong regulatory powers for states.

Non-Signatory Bound to Arbitrate Insurance Claim
By Karl Bayer – July 20, 2017
A Texas appellate court ordered ExxonMobil to arbitrate a dispute with an insurance company even though ExxonMobil did not obtain or sign the insurance policy that contained the arbitration clause.

Arbitration, Consumer Sophistication, and Public Policy
By Terrie Sullivan – July 14, 2017
Substantiating whether rules have changed is a critical step for drafter of arbitration agreements.

Department of Education Suspends Arbitration Regulation
By Mark Kantor – July 7, 2017
Another reminder that, in the United States, political attention to arbitration is driven by consumer and similar issues.

Eighth Circuit Finds ADEA Does Not Preclude Arbitration
By Liz Kramer – June 29, 2017
The court rejected the argument that the ADEA constituted a “get out of arbitration free” statute.

Customer Is Bound by Uber Click Agreement
By Amanda J. Alasauskas – June 23, 2017
A Texas court has held that the arbitration agreement in Uber’s click agreement is enforceable.

Employees’ Concerted Action Waivers Are Not Enforceable
By Maliheh Goodarzi – June 15, 2017
Ernst & Young allegedly misclassified employees to deny overtime wages.

Standard for Finding an Agreement to Arbitrate Clarified
By Robert E. Bartkus – June 7, 2017
It leaves open questions about the interplay of the FAA and the UCC

New ICC Arbitration Rules Could Tempt Parties Away from the LCIA and Other Institutions
By Harriet Chopra – June 2, 2017
Costs of claims valuing less than U.S. $1 million are comparable to ICC costs.

Confirmation of Arbitration Award under the “Look-Through” Test
By Mei Yang – May 24, 2017
The First Circuit also ruled that the approach was the correct way to determine federal jurisdiction.

A Look at In Re Kleimar
By Christopher M. Campbell – May 15, 2017
A decision binding international parties to arbitration before seeking U.S.-style discovery.

Do Employment Arbitration Clauses Apply When the Former Employee Is Not Named as Defendant?
By Alexander F. Stopak – May 10, 2017
Yet again, two tech giants are engaged in legal battle.

Website Arbitration Agreement Found Wanting
By Robert E. Bartkus – May 5, 2017
Make sure it is clearly displayed and alerts customers to its existence.

Awaiting Final Word on the CMS Nursing Home Arbitration Ban
By Andrea Torgrimson – April 27, 2017
Arbitration agreements will probably continue to be a part of the nursing home landscape.

Online Arbitration Agreement Not Binding on Employee
By Karl Bayer – April 24, 2017
Instructing employees that they are responsible for familiarizing themselves with policies is insufficient to demonstrate notice.

Court Enforces Do-Over Provision
By Mona Ghogomu – April 12, 2017
The second arbitration is described by the courts as an “arbitration repeat.”

PAGA Claimants May Be Compelled to Arbitrate
By Gail Jankowski – April 10, 2017
The claim at issue constituted a covered dispute because it related to the plaintiff’s employment relationship with Terminix.

Two New Arbitration Cases Provide Business Guidance
By Robert E. Bartkus – March 22, 2017
The Third Circuit and the Supreme Court of New Jersey deliver two decisions regarding purchases of a Samsung smartwatch and a used car.

California Court Vacates Award Due to Law Firm’s Conflict
By Ramsey Kadri – March 30, 2017
Simultaneous representation of adverse clients violated public policy and invalidated the firm's engagement agreement.

Newly Revised Rules of the ICC Become Effective
By Karl Bayer – March 16, 2017
The new rules are designed to enhance efficiency and transparency.

DOL Regulation Prohibiting Class Action Waivers Upheld
By Merril Hirsh – March 7, 2017
The regulation itself could be short lived as the DOJ filed a motion seeking to stay the case while the new administration reconsiders the regulation.

Motion to Vacate Untimely
By Michael S. Oberman – February 24, 2017
Email service is only effective if the party to be served consents in writing.

Not Manifest Disregard to Include Attorneys’ Fees in Award
By Brooke L. French – February 16, 2017
A federal court agreed that the arbitrator had authority to award the fees.

Singapore Passes New ADR Laws
By S.I Strong – February 10, 2017
The move will strengthen the country’s position globally as a key arbitration seat.

President Appoints Philip A. Miscimarra NLRB Acting Chairman
By Mitchell L. Marinello – February 1, 2017
Miscimarra’s dissention may lead the agency on a new pathway.

Supreme Court Agrees to Clarify FAA vs. NLRB Issues
By Mitchell L. Marinello – January 27, 2017
The cases address the enforceability of class/collective action waivers.

Split Decision: Some Hospital Workers Must Arbitrate, Others Not
By Karl Bayer – January 25, 2017
The identical claims were against an accounting firm concerning an allegedly underfunded hospital pension plan.

Mass Arbitration Consent Award Is Finalized
By S.I. Strong – January 20, 2017
The debate between the members of the tribunal is unfortunate and will doubtless be fodder for future commentary.

Client Loses Claim that Arbitration Agreement with Attorney Violates IL Public Policy
By Mitchell L. Marinello – January 11, 2017
It would be prudent to explain in your retention agreement what your arbitration clause means.

Order Compelling Arbitration Properly Vacated When Arbitral Forum Unavailable
By Christopher S. Moore – January 4, 2017
The National Arbitration Forum found it was unable to accept the case.

2016

Eighth Circuit Rules on Scope of Arbitral Immunity Doctrine
By Liz Kramer – December 23, 2016
The immunity extends to the arbitrators and all acts within the arbitral process.

Ruling Leads to Investor Arbitration Claims Against Italy
By Andrea Carraretto – December 16, 2016
Investors argued the temporary provisions unconstitutional because they reduced tariff incentives.

Uber's Online Arbitration Provision Held Unenforceable
By Eileen Boyle – December 13, 2016
Clickthrough agreements don’t hold in court.

CMS Nursing Home Rule Enjoined
By Karl Bayer – December 6, 2016
These lawsuits are bound to lead to some new and interesting legal rulings.

Insurer Withdraws Its Proposal to Offer Lower Premiums in Return for Arbitration
By Karl Bayer – November 29, 2016
But the issue may be raised again at some point in the future.

Breach of Confidentiality Provision Leads to Loss of Settlement
By Edmund J. Sikorski Jr. – November 17, 2016
A daughter’s Facebook post results in the loss of an $80,000 reward.

Public Policy Challenge Rejected and International Award Confirmed
By Michael S. Oberman – November 7, 2016
The award did not violate public policy.

New Nursing Home Regulation Would Ban Arbitration
By Beth Graham – November 3, 2016
The new rule was reportedly includes withholding federal funds from homes that require the agreement as a condition for admission.

Clinton Proposes to Limit Consumer and Employee Arbitration
By Mark Kantor – October 27, 2016
The candidate’s proposal seeks new legislation and new regulatory measure under existing agency statutory authority.

Delegation Clause Governs Prior FLSA Claim
By Karl Bayer – October 26, 2016
The ruling stated that gateway determinations regarding arbitrability must be decided by an arbitrator applied to an oil work’s preexisting claim.

Fifth Circuit Reverses NLRB Again
By Karl Bayer – October 12, 2016
The order states that a class action waiver included in an agreement to arbitrate violates the NLRA.

Arbitration Award Overturned in Mexico, Confirmed in New York
By Mark Kantor – October 7, 2016
The court held that there was “no substantive difference between the two; both evince a ‘pro‐enforcement bias.’”

Employee Must Arbitrate, But His Suit Against Employer Will Not Be Enjoined
By Scott D. Simon – September 27, 2016
The New Jersey resident will have to arbitrate in New York.

Can Courts Enforce Contractual Mediation Provisions?
By Jonah Orlofsky – September 19, 2016
Prior decisions held they couldn't order parties to mediate under the FAA because it's not covered by the statue.

Suit Challenges Dept. of Labor Regulations
By Karl Bayer – September 8, 2016
The lawsuit was over the regulations regarding fiduciary conflict of interest rules for retirement plans.

Seventh Circuit Holds Panel Exceeded Its Authority
By Heather K. Afra – September 2, 2016
Seventh Circuit reverses its decision upholding an arbitration award.

Enforceability of Arbitration Clauses in Ontario
By Geoffrey Janoscik – August 24, 2016

Supreme Court of Texas Denies Motion to Compel Arbitration on Alternate Ground
By Karl Bayer – August 16, 2016

Eighth Circuit Affirms Arbitrator's Suspension of NFL's Peterson
By Mark Kantor – August 8, 2016

Court of Arbitration in Sport Denies Russian Appeal of Olympic Ban
By Mark Kantor – August 2, 2016

Second Circuit Reaffirms Manifest Disregard of Law as a Valid Ground for Vacature
By Edward Lozowicki – July 27, 2016

A Website User's Assent to Arbitration Terms Is Required
By Timothy Miller – July 20, 2016

Sabotage of Arbitration Results in Dismissal of Lawsuit
By Michael S. Oberman – July 14, 2016

Law Firm's Refusal to Pay Former Client's Arbitration Fees Subjects It to Litigation
By Mitchell L. Marinello – July 6, 2016

Be Careful What You Sign at Mediation
By John Haarlow, Jr. – June 29, 2016

Arbitrator's Interpretation of Collective Bargaining Agreement Stands
By Michael S. Oberman – June 23, 2016

New Jersey Becomes Third Recent State Court to Refuse to Enforce Delegation Clause
By Liz Kramer – June 20, 2016

Fifth Circuit Holds That Employer's Arbitration Agreement Is Illusory
By Karl Bayer – June 14, 2016

Availability of Class Arbitration an Issue for the Courts
By Christopher S. Moore – May 31, 2016

Texas Supreme Court Rejects Manifest Disregard
By Karl Bayer – May 24, 2016

The Mediation Privilege: Grubaugh v. Hon. Blomo, County of Maricopa et al
By Jim Reiman – May 5, 2016

Do the AAA Commercial Rules Authorize an Award of Attorney Fees?
By Mitchell L. Marinello – May 2, 2016

Second Circuit Reinstates Brady's Suspension
By Mitchell L. Marinello – April 25, 2016

A Mediation Provision Is a Condition Precedent to Litigation
By Eileen Boyle – April 19, 2016

Mesa Fails to Establish Renewable Energy Discrimination Claims Against Canada
By Karl Bayer – April 18, 2016

Attack an Arbitration Agreement with a Rifle, Not a Shotgun
By Scott D. Simon – April 6, 2016

Appellate Decision Compelling Arbitration Must Address All Defenses
By Karl Bayer – March 23, 2016

American Rule Governs Attacks on Arbitration Awards
By Mitchell L. Marinello – March 15, 2016

Arbitration Clause Covers Disputes Over Related Agreements
By Michael S. Oberman – March 7, 2016

Waiver Is for the Court; Fraudulent Inducement Is for the Arbitrator
By Rebecca Smart – March 3, 2016

Arbitration Under Political Attack
By Mark Kantor – February 24, 2016

Arbitration Award Overturned Because Panel Not Impartial
By Barry Leigh Weissman – February 18, 2016

New York Court Refuses to Enforce Arbitral Subpoenas
By Pritesh Patel – February 18, 2016

Oregon Court Blocks Use of Certain Mediation Statements in Malpractice Case
By Mitchell Marinello – February 8, 2016

Federal Court Affirms Partial Stay of Discovery
By Jessica De Bella – February 2, 2016

Supreme Court Upholds Class Action Arbitration Waiver
By Frank Murray – January 19, 2016

Governor Brown Vetoes California Bill Prohibiting Arbitration of Employment Claims
By Edward Lozowicki – January 15, 2016

Mandatory Arbitration Clause Ruled Unenforceable
By Mitchell Marinello – January 7, 2016

NLRB Stands Its Ground
By Karl Bayer – January 5, 2016

2015

Binding Mediation Is Not the Same as Arbitration
By Jonah Orlofsky – December 18, 2015

Third Circuit Holds that Ambiguities Preclude Arbitration
By Eileen Boyle – December 16, 2015

Wi-Fi Company Cannot Enforce Clickwrap Agreement to Arbitrate Against a Consumer
By Brian Farkas – December 2, 2015

Court of Appeals Overrules Lower Courts Order to Compel Arbitration
By Marni Weinstein – December 1, 2015

Mississippi Supreme Court Enforces an Arbitration Provision for Legal Fees
By Kristen Odijk – November 23, 2015

Two Lawsuits, Two Years, and an Appeal Are Not Enough to Waive Arbitration
By Mitchell Marinello – November 17, 2015

Ignoring an Arbitration Proceeding Is No Protection Against an Adverse Award
By Scott D. Simon – November 16, 2015

Ignoring an Arbitration Proceeding Is No Protection Against an Adverse Award
By Scott D. Simon – November 16, 2015

Federal Court Denies Motion to Compel Arbitration
By Frank Murray – November 4, 2015

Northern District of Illinois Holds Party Waived Right to Compel Arbitration
By Eileen Boyle – October 28, 2015

"Outlined" Mediation Settlement Agreement Enforced
By Christopher S. Moore – October 27, 2015

The (Amended) Federal Discovery Rules and Commercial Arbitration?!
By Mitchell Marinello – October 26, 2015

Federal Court Defers Brokerage Case to Panel for Initial Decision
By Christopher King – October 5, 2015

AAA Employment Rules Give Arbitrator Right to Decide Gateway Issues
By Mitchell Marinello – September 29, 2015

Fifth Circuit Rules in OMG, L.P. v. Heritage Auctions
By Andrew P. Shelby – September 29, 2015

District Court’s Mid-Arbitration Intervention Clear Error
By Andrew D. Campbell – September 25, 2015

Arbitration Ordered in Employee Personal Injury Case
By Karl Bayer – September 4, 2015

Clickwrap Arbitration Agreement Upheld
By Andrew Campbell – August 27, 2015

Arbitration Litigation Waiver Clause Blues
By Calvin K. May and Robert J. MacPherson – August 20, 2015

Award Vacated Due to Arbitrator's Failure to Disclose
By James N. Walter, Jr. – August 7, 2015

California Denies Arbitration Due to Possible Conflicting Rulings
By Brian Farkas – August 3, 2015

Tennessee High Court Clarifies Tennessee Law to Avoid Preemption
By Andrew P. Shelby – July 28, 2015

Second Circuit Refuses to Confirm Foreign Arbitration Award
By Michael S. Oberman – July 23, 2015

Alabama Supreme Court Requires Policyholders to Arbitrate
By Mitchell Marinello – July 20, 2015

Manifest Disregard: The Circuit Split Persists
By Liz Kramer and Bri'An Davis – July 6, 2015

Litigation Stay Lifted after Arbitration Dismissed for Failure to Pay Arbitration Fees
By Adam Waskowski – June 29, 2015

Court Refuses to Compel Mediation under the FAA
By Jonah Orlofsky – June 23, 2015

Delaware Enacts Streamlined Arbitration Process
By Alexander L. Berg – June 18, 2015

Web Layout Affects Enforceability of Arbitration Agreement
By Brian Farkas – June 2, 2015

Exhaustion of Administrative Remedies Does Not Apply in Arbitration of Employment Claims
By John Haarlow, Jr. – May 26, 2015

Sixth Circuit Determines Defendant Did Not Waive Its Right to Arbitrate
By Elizabeth C. Wolicki – May 21, 2015

Arbitration Clause in Employee Handbook Is Enforced
By Mitchell Marinello – May 6, 2015

Court Should Not Limit Remedy Before Award Is Issued
By Michael S. Oberman – May 1, 2015

Three State Courts Follow Federal Decisions on Procedural Arbitrability
By Liz Kramer – April 27, 2015

Post-Judgment Relief Procedures Cannot Be Used to Alter Arbitration Awards
By Christopher S. Moore – April 15, 2015

Non-Signatories Successfully Enforce Arbitration Clause
By Brian Farkas – April 2, 2015

SCOTUS to Review Another Case Rejecting Class Action Waiver
By Mark Kantor – March 24, 2015

Why Your Arbitrator Is Biased
By Joan Stearns Johnsen – March 18, 2015

What the New CFPB Report Teaches Us about Arbitration Clauses
By Liz Kramer – March 16, 2015

Second Study on Consumer Arbitration Completed
By Edna Sussman – March 11, 2015

Principal’s Signature Does Not Bind Its Agent to an Agreement to Arbitrate
By Scott D. Simon – March 10, 2015

Order Requiring Mediation Not Appealable
By Jonah Orlofsky – March 4, 2015

District Court Rejects Pre-Award "Stacked Deck" Challenge to Arbitrator Selection Process
By Christopher S. Moore – February 26, 2015

District Court Holds that Arbitrator May Decide Class Arbitration
By Matthew J. Singer – February 23, 2015

Arbitration Panel Issues $10 Million Sanction Against Lance Armstrong
By Timothy J. Miller – February 20, 2015

In Second Circuit an Arbitrator Decides Claim Preclusion in the First Instance
By John Haarlow, Jr. – February 18, 2015

Dual Request for Attorneys' Fees Could Not Be Withdrawn
By Adrian L. Bastianelli, III – January 29, 2015

What Is the Remedy for Breaching a Mediation Confidentiality Clause?
By Jonah Orlofsky – January 22, 2015

Arbitration Claims Down at National Futures Association
By Mitchell Marinello – January 20, 2015

Developing Business: Mediation as an Opportunity
By Bruce Rubin – January 13, 2015

Equitable Estoppel Entitles Non-Signatories to Compel Arbitration
By Matthew J. Singer – January 12, 2015

2014

Non-Signatory Employee Entitled to Compel Arbitration
By Matthew J. Singer – December 31, 2014

District Court Enforces Arbitration Clause in Employment Contract
By Mitchell Marinello – December 13, 2014

Refusal to Compel Non-Signatory to Arbitration in Negligence Case
By Karl Bayer – December 12, 2014

Statutory Attorney Fees Claim Ruled Arbitrable Despite Contrary Illinois Precedent
By Courtney D. Tedrowe – December 3, 2014

Mutual Assent to Arbitrate Not Found in Mass-Market Transaction
By D.C. Toedt III – November 30, 2014

Arbitrators Determine the Preclusive Effect of Prior Arbitrations
By Christopher S. Moore – November 25, 2014

Petition in Alleged Arbitrator Partiality Case Denied
By Karl Bayer – November 18, 2014

Preliminary Injunctive Relief Issued Despite Exclusive Arbitration Agreement
By Brian Farkas – November 4, 2014

What NOT to Do When Drafting an Arbitration Clause
By Amanda M. H. Wolfman – October 29, 2014

$600 MM Award Based On Sanction Is Confirmed
By D.C. Toedt III – October 28, 2014

Third Circuit Rejects Estoppel Finding and Reverses Order Compelling Arbitration
By Marcos A. Ramos and Rachel L. Biblo – October 22, 2014

An Inquiry into Materials Exchanged in a Class Action Settlement
By Jonah Orlofsky – October 21, 2014

Arbitration Clause Held Unenforceable Under New Jersey’s Arbitration Act
By Christopher S. Moore – October 6, 2014

New York Court Rejects Award as Imperfectly Executed
By Michael S. Oberman – September 23, 2014

AAA Unveils Enhanced International Arbitration Rules
By P. Jean Baker – September 3, 2014

Classwide Arbitration Is Gateway Issue for the Courts
By Sheila J. Carpenter – September 3, 2014

Forum-Selection Clause Supersedes Right to FINRA Arbitration
By Amanda M.H. Wolfman – September 3, 2014

Third Circuit Joins Sixth: Class Arbitration Is for Courts to Decide
By Christopher S. Moore – August 28, 2014

Seventh Circuit Reaffirms Courts' Limited Review of Arbitration Awards
By Christopher S. Moore – August 18, 2014

Third Circuit Distinguishes Arbitrator Error from Misconduct
By John Haarlow, Jr. – August 18, 2014

Battle of Forms and Arbitral Jurisdiction
By Mitchell L. Marinello – August 12, 2014

Dodd-Frank Does Not Prevent Arbitration of Non-Whistleblower Claims
By Scott D. Simon – August 5, 2014