A resource for litigators, in-house counsel, and arbitrators
Welcome back to ArbitrationNation after a pandemic and protests hiatus. I hope that you and your families are safe and that you’re confronting and coping with the injustices of our world.
I’m glad to have a good reason to write about arbitration again. I’ve got a boatload of arbitration developments and cases to catch up…
Delegation provisions are a hot topic this year! This week, we’re going to look at two more circuit court decisions centering on delegations and finding ways around them.
Just to set the stage, though, I’ve got to put a little egg on my own face. To quote myself from back in June: “it’s almost…
Happy August! What’s a better way to start the month than thinking about class arbitrability! Again. Ugh.
Trust me, I would much rather consider so many other exciting arbitration issues, but this one seems to be occupying a lot of court attention, so I’d be remiss not to report on it.
Since my last update,…
The Fifth Circuit just deepened (and confused) a Circuit split over the question of who decides whether an arbitration agreement permits class proceedings. See 20/20 Communications, Incorporated v. Crawford, 2019 WL 3281412 (5th Cir. July 22, 2019).
Liz has written about the split here, here, and here. (You might also recall…
So, remember when we talked about Just How Small the Bullseye Is for Challenging a Delegation Clause a few weeks ago? Apparently, the target is small but not necessarily as unhittable as I suggested.
You might recall that in that earlier post we were looking at a Missouri Supreme Court decision, State Ex Rel. Newberry …
Happy summer! It’s been far too long since my last update, but rest assured I have been thinking a lot about arbitration. In fact, I’m currently teaching a summer course at Queen Mary University of London’s International School of Arbitration, which is a ton of fun.
My teaching, in fact, partly inspired this post. Teaching…
Liz has written before about the ways that state courts sometimes try to resist SCOTUS’s love affair with arbitration. Resistance can come in many and varying forms, some more subtle than others.
One persistent source of confusion in arbitration law, and thus a locus for resistance, centers on delegation clauses. As a quick refresher, in…
I have been making my way through the rest of the May arbitration cases (the photo shows how high my stack got), and one thing that stands out is this: I was right. Delegation clauses remain a hot topic in arbitration law.
Three recent cases demonstrate the power of having a delegation clause in…
The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going to divide them roughly into those that are pro arbitration, and those that are hostile to arbitration. This post focuses on the three relatively hostile cases (with the friendly cases coming in a…
What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they have a thousand different ways of doing so. The Mississippi Supreme Court demonstrated one way to resist recently in Pedigo v. Robertson, Rent-A-Center, Inc., 2017 WL 4838243 (Miss. Oct. 26, 2017). (I neglected to mention the…