A resource for litigators, in-house counsel, and arbitrators
I have saved up six opinions that considered whether to vacate an arbitration award over the summer.* Only one of those opinions vacated the award; the other five confirmed. To get a flavor of what types of arguments are winning and losing motions to vacate, here is a summary of those six.
Vacated
The lone…
It is not uncommon for lenders to exempt small claims actions from their arbitration provisions. The question confronted by the Court of Appeals of Maryland in a recent case was: when a lender opts for small claims court, does that waive any later right to enforce the arbitration clause? The court’s answer was yes, if…