LawMemo Arbitration Blog Archives | Main

• Supreme Court fast-tracks arbitration case
  

• Does arbitrator decide whether arbitration agreement is unconscionable?
  

• US Supreme Ct argument on class action arbitration
  

• Class action suit against National Arbitration Forum
  

• Federal Service Impasses Panel appointments
  

• AAA confirms: No more consumer debt arbitration
  

• What? AAA stops consumer debt collection arbitration
  

• National Arbitration Forum ends consumer arbitration business
  

• Arbitration or ‘Arbitrary’: The Misuse of Arbitration to Collect Consumer Debts
  

• SCOTUS takes another arbitration case
  

• CBA arbitration clause can waive individual right to litigate statutory civil rights claim
  

• Bill stuffer cannot add an arbitration clause
  

• Arbitrator's manifest disregard of the law - a dying doctrine
  

• The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law
  

• Vaden v Discover Bank: Federal courts "look through" arbitration petition to determine jurisdiction
  

• Jurisdiction over non-signatory's appeal from an order denying a stay pending arbitration
  

• Certiorari granted in Union Pacific v. Brotherhood of Locomotive Engineers
  

• Justice Ginsburg nixes a stay of decision allowing class action arbitration
  

• Opaque "Make whole" award unenforceable, court remands to arbitrator for resolution
  

• LawMemo Arbitration Blog celebrates its fourth birthday
  

• Reinstatement of employee held to be in excess of arbitrator's powers
  

• Unconscionability the Washington State way
  

• Spanish speaker bound by English agreement
  

• California reviews award for legal error
  

• Appeal order denying arbitration within 30 days
  

• USERRA claims are subject to arbitration
  

• FMCS will change rules
  

• Late filing divested arbitrator of jurisdiction
  

• Antitrust and arbitration
  

• Gentry: Cert denied
  

• Hall Street: Non-statutory grounds for review
  

• Hall Street: No expansion of FAA grounds for vacating award
  

• Supremes take another arbitration case
  

• Gentry at the US Supreme Court
  

• ABA ADR Conference
  

• Preston v Ferrer: FAA preempts California statute
  

• Supreme Court: Can union waive individual's right to sue?
  

• A new name
  

• How not to write an arbitration clause
  

• No "manifest disregard" as to class "opt out" provision
  

• 4th Birthday
  

• Order vacating arbitration award reversed
  

• Arbitrator nixes mandatory flu shots for nurses
  

• Hall Street v Mattel: An FAA case? Or not?
  

• Hall Street Associates v. Mattel: more briefs to be filed
  

• Acceptance by continuing to work
  

• Justice Breyer: "The case of the century"
  

• Statute of limitations for vacating an award (ouch)
  

• GENTRYfication of class action waivers
  

• Hall Street: Contract vs. statute
  

• New ADR blog: "Indisputably"
  

• Attacking arbitration of credit card disputes
  

• Gentry - Opt-out clause is not a safe harbor for unconscionability
  

• Gentry - New attack on class action waivers
  

• NASD arbitrators botched attorney fee award
  

• Continental v. ALPA - taking sides
  

• Supreme Court takes FAA case
  

• Law firm arbitration agreement is unconscionable
  

• Can a union assign its right to arbitrate to an employee?
  

• "Good cause" defined without a dictionary
  

• Nonmutual arbitration clause is OK
  

• No cert for Dane Investments
  

• New Supreme Court case?
  

• Magnuson-Moss Warranty Act arbitration
  

• How Bad Are Mandatory Arbitration Terms?
  

• 6th Circuit changes test for reviewing arbitration awards
  

• When AAA won't act
  

• Employee reinstated, and then fired again
  

• Arbitration - Is Justice Served?
  

• Arbitration Lesson #9 - The 5 Cole v. Burns factors
  

• Farmer on food stamps must pay $27,000 to arbitrate
  

• National Arbitration Forum's ADR Law & Policy Update
  

• "Manifest disregard for the law" case could go to Supreme Court
  

• Arbitration Lesson #8 - What claims are covered?
  

• Arbitration Lesson #7 - Voluntary agreement
  

• Consumer can't be forced to pay for arbitration
  

• Class action waiver unconscionable in consumer contract
  

• Motion to compel acceptance of lunch invitation
  

• NLRB refuses to defer to arbitration
  

• Mandatory arbitration "most equitable way"
  

• RLA excludes "public policy" as ground for vacating arbitration award
  

• Arbitration penny wise and pound foolish?
  

• Arbitration Lesson #6 - History part 4
  

• Arbitration Lesson #5 - History part 3
  

• Arbitration Lesson #4 - History part 2
  

• Arbitration Lesson #3 - History part 1
  

• Arbitration Lesson #2 - Contract
  

• Arbitration Lesson #1 - What is it?
  

• Order compelling arbitration not reviewable
  

• $2 million award for employee
  

• Britney Spears arbitration
  

• Arbitral immunity? Not for refusing to issue award
  

• U-Haul arbitration case - its implications
  

• Arbitration clause was unfair labor practice
  

• FAA does not grant federal court jurisdiction
  

• Hawaii ignores Federal Arbitration Act
  

• ADR Florida style
  

• Arbitrator Dennis Nolan heads NAA
  

• Hospital must fire 73 nurses says arbitrator
  

• Florida Arbitration Law . com
  

• Class action waiver goes to California Supreme Court
  

• #5 of 5 - Kristian v. Comcast Corp - discovery limitations
  

• #4 of 5 - Kristian v. Comcast Corp - attorney fees and costs
  

• #3 of 5 - Kristian v. Comcast Corp - limits on damages in arbitration
  

• #2 of 5 - Kristian v. Comcast Corp - limitation period
  

• #1 of 5 - Kristian v. Comcast Corp - class action arbitration
  

• Class-action arbitration allowed in antitrust case
  

• Class-action arbitration and interlocutory appeals
  

• Sarbanes-Oxley whistleblowing - Arbitrator to decide arbitrability
  

• Union can't assign judicial review right to employee
  

• Tort was not arbitrable
  

• Consolidation issue goes to the arbitrator
  

• Common law grounds for vacating arbitration awards clarified
  

• Arbitrator awards sales commissions; court affirms
  

• Knowing and voluntary consent not required
  

• Rule 11 sanctions for attacking award
  

• Terminable arbitration agreement was enforceable
  

• Union had standing to represent retirees in arbitration
  

• Three useful cases
  

• Arbitrator improperly imposed a one-year limitation period.
  

• Sanctions for attacking arbitration awards
  

• Arbitration Law Memo
  

• Buckeye v. Cardegna: Contract validity is for arbitrator to decide
  

• Parties picked FAA over state law
  

• Arbitrator's non-disclosure was OK
  

• Non-signers not bound to arbitrate
  

• 6th Circuit award review standards under fire
  

• "Procedural" unconscionability is now the battleground
  

• Post-employment defamation is arbitrable
  

• Lost arbitration agreement is enforceable
  

• Class action waiver in arbitration agreement was enforceable
  

• Who decides how many arbitrators will hear a case?
  

• Blog birthday
  

• Reverse preemption of the FAA
  

• Nondisclosure results in vacated arbitration award
  

• Arbitration training DVD
  

• Federal jurisdiction to vacate $zero award
  

• Use it or lose it
  

• Arbitrator relied on document "extraneous" to CBA
  

• Add to Google button
  

• Buckeye Check Cashing v. Cardegna: void vs. voidable contracts
  

• Reinstatement of nurse did not violate public policy
  

• Arbitration subpoena to non-party enforced
  

• Appeal from arbitration violated rules and was frivolous.
  

• End run around state court
  

• Want to change California's arbitrator ethics rules?
  

• Arbitration competition
  

• AAA arbitration awards will be online
  

• Contract deprived appellate court of jurisdiction
  

• Nondisclosure voids arbitration award
  

• Anti-class-action clause was unconscionable
  

• No agreement for enhanced judicial review
  

• Cost-shifting clause is severed
  

• Argument audio: Who decides unconscionability?
  

• Litigating waives right to arbitrate
  

• Cert petition: Goodrich v. Machinists
  

• Untimely grievances not arbitrable
  

• Ross' Employment Law Blog: Try it
  

• Motion to arbitrate delayed, denied
  

• Arbitration Law Memo
  

• Manifest disregard for the law
  

• NASD Discovery Arbitrator Pilot
  

• Armendariz doesn't apply to common-law claims
  

• "Reverse" discrimination violates public policy
  

• Forum clause controls which court can order arbitration
  

• Arbitration Law Memo
  

• Side agreement not arbitrable
  

• Court severs anti-punitive damages clause
  

• Interlocutory appeal will stop lower court litigation
  

• En banc hearing on who decides unconsionability
  

• Bill to exclude employment contracts from FAA
  

• Anti-class-action clause was unconscionable
  

• Ryan's certiorari petition
  

• Prediction: NLRB will defer re information requests
  

• Who decides legality of the contract?
  

• Class action waivers
  

• Teamsters v. Continental: Certiorari?
  

• NLRB defers to arbitrator (2-1)
  

• email did not create duty to arbitrate
  

• NASD rules preempt state ethics rules for arbitrators
  

• No appellate jurisdiction on order to arbitrate
  

• Circuit City Stores avoids sanctions
  

• Boys Market injunction was too broad
  

• Modifiable agreement supported by consideration
  

• Promise to arbitrate is consideration
  

• Can non-signatory successor union force arbitration?
  

• Reinstatement violated public policy
  

• Arbitrator went outside the contract
  

• Arbitrator, not court, decides unconscionability issue - sometimes
  

• A frolic of its own
  

• Volt revisited, with a twist
  

• Court, not arbitrator, decides waiver issue
  

• Connecticut court supports arbitration
  

• How not to set up an arbitration system
  

• NASD rules preempt state ethics rules for arbitrators?
  

• Federal jurisdiction to enforce arbitration agreement
  

• Arbitration agreement unconscionable under Washington law
  

• Get automatic updates
  

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