Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration
The last post focused on three recent state appellate court decisions that refused to compel arbitration or vacated an award, and this follow-up post focuses on seven recent cases that are friendly to...
View ArticleFour Decisions Conclude Claims Outside Scope of Arbitration Agreement
There are only four ways to avoid an arbitration agreement. You can prove: 1) it was never formed; 2) it was formed, but is invalid under state law; 3) the current dispute is outside the scope of it;...
View ArticleThree Blockbuster Summer Arbitration Decisions
While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions...
View ArticleKardashians Kept Out of Arbitration (and other recent arbitration news)
Just three weeks into the year and already my pile of arbitration cases is a skyscraper! So, I will cover a lot of ground in this update. First, the headline. Kimberly, Kourtney, and Khloe Kardashian...
View Article10th Circuit Resolves One Arbitrability Circuit Split, But Creates Another
If you are a party that wants courts to rigidly enforce delegation clauses – sending questions about even the validity of the agreement to arbitration – then you will appreciate a new decision from the...
View ArticleLessons From Two Auto Dealer Arbitrations About Nonsignatories
In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly...
View ArticleThird Parties Fail To Force Arbitration in Three Circuits
The “Summer of Arbitration” draws to a close tomorrow, if you can believe it. (On the first day of fall, it is supposed to be 91 degrees in Minnesota. Yikes.) But before I close that chapter, let’s...
View ArticleThe Arbitration Resistance May Look Like This… (Post #300)
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...
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