Statutes of limitations provide peace of mind for many attorneys and clients, knowing previous conduct cannot lead to liability after a prescribed time period. But, do statutes of limitations apply to arbitration proceedings? The answer is: not necessarily. Because of that, advocates and parties need to know when statutes of limitation may apply as well
ArbitrationNation Roadmaps (primers)
A Four-Year Blogiversary – and an Infographic for Compelling Arbitration!
By Liz Kramer on
Posted in ArbitrationNation Roadmaps (primers)
The primary purpose of this blog is to educate lawyers and clients about arbitration law. So, what better way to celebrate my fourth blogiversary than with an awesome new infographic about compelling arbitration! Making a motion to compel arbitration is trickier than it seems. When people call me for advice, I often have to tell…
Nitty Gritty Advice for Compelling Arbitration under the FAA
By Liz Kramer on
Posted in ArbitrationNation Roadmaps (primers)
I regularly receive questions about compelling arbitration under the Federal Arbitration Act. In particular, people ask : (1) Can I file a motion to compel before any other “complaint” is filed; (2) What should I call my motion?; and (3) What is with this 5-day rule hidden inside Section 4 of the FAA? Wanting to…
A Motion to Compel Arbitration “Answers” a Complaint
By Liz Kramer on
I field a lot of good procedural questions about how arbitration pleadings should be styled. Some of them are answered within the text of the FAA, but many of them leave clerks of court and practitioners scratching their heads and getting creative. I will address one of those common questions today: is a motion to…
If "Grave Error" Is Not Enough to Vacate An Arbitrator's Decision, What Is?
By Liz Kramer on
The recent Sutter decision drives home repeatedly that a court may not vacate an arbitrator’s decision under the FAA just because a judge thinks the arbitrator reached the wrong result. Justice Kagan said that under Section 10(a)(4) the court cannot second-guess the award, not even in the face of “grave error.” Instead, the award must…
ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?
By Liz Kramer on
Posted in ArbitrationNation Roadmaps (primers)
Albert Einstein supposedly once said “you have to learn the rules of the game. And then you have to play better than anyone else.” In arbitration, that means figuring out which organizations’ rules are best suited for your arbitration clause. This post is designed to help drafters make that decision by giving a quick and…
Recipe For The Best Arbitration Agreement Ever (Post #100)
By Liz Kramer on
Posted in 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 you best take advantage…
The Only Five Good Reasons To Put Arbitration In Your Contract
By Liz Kramer on
Let’s say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone. Should you include mandatory arbitration for resolving any disputes? Assuming you have the choice, my view is you should only include arbitration if at least one of these five factors are present:
1. …
An ArbitrationNation Roadmap: Document subpoenas to third parties
By Liz Kramer on
This post is dedicated to a perennial favorite topic: subpoenas for documents in arbitration. Why this topic and not something hot off the presses? Because SCOTUS has not yet accepted or denied the cert petition in Sutter, and no cases have come out recently that meet my high standards for discussion on this blog…