Liz Kramer

Liz Kramer

Stinson Leonard Street

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What A-Rod Can Teach About A-rbitration

Arbitration is in the news. Not just a buried paragraph in the business section, but the front page. (A three-arbitrator panel issued a 34-page arbitration award finding Major League Baseball was justified in suspending...more

1/14/2014 - Arbitration Arbitration Agreements Arbitration Awards Federal Arbitration Act

Ninth Circuit Says Arbitration Agreements Cannot Restrict Grounds For Vacating Award

In the Hall Street decision in 2008, SCOTUS held that parties could not contractually enlarge Section 10 of the Federal Arbitration Act by agreeing that a court could vacate the arbitration award for reasons not found in that...more

12/19/2013 - Appeals Arbitration Arbitration Agreements Arbitration Awards Federal Arbitration Act Motion to Vacate

“Manifest Disregard Of The Law” Is Alive And Well And Vacating Arbitrations In Fourth Circuit

The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four...more

11/7/2013 - Arbitration Arbitration Awards Contract Interpretation Federal Arbitration Act

Two Circuit Courts Demonstrate How Difficult It Is To Vacate Arbitration Awards

The Second Circuit decision has more drama, so I’ll start there. In Kolel Beth Yechiel Mechil of Tartik-Ov, Inc. v. YLL Irrevocable Trust, __ F.3d __, 2013 WL 4609100 (2d Cir. Aug. 30, 2013), the losing party in an...more

9/26/2013 - Arbitration Arbitration Agreements Arbitration Awards Collective Bargaining Federal Arbitration Act Issue Preclusion Unions

Arbitration Awards Cannot Be Vacated Just Because Arbitrator Excluded Evidence

In two decisions this week, courts consider whether arbitration awards can be violated based on arbitrators’ decisions to exclude evidence. ...more

8/2/2013 - Arbitration Arbitration Awards Arbitrators Evidence Exclusions Vacated

ArbitrationNation Roadmap: When Should You Choose JAMS, AAA Or CPR Rules?

Albert Einstein supposedly once said “you have to learn the rules of the game. And then you have to play better than anyone else.”...more

6/27/2013 - Arbitration Arbitration Awards Default Discovery Fees

SCOTUS Affirms Arbitrator’s Decision To Allow Class Arbitration In Sutter

The U.S. Supreme Court issued its decision in Sutter today, unanimously holding that as long as the arbitrator bases a decision to allow or disallow class arbitration on the text of the parties’ agreement, her “construction...more

6/11/2013 - Arbitration Awards Class Arbitration Federal Arbitration Act Oxford Health v Sutter SCOTUS Sutter

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

4/26/2013 - Arbitration Arbitration Agreements Arbitration Awards Federal Arbitration Act Fraud Remedies Video Games

Sixth Circuit Paints Vivid Picture Of “Evident Partiality” Sufficient To Vacate Arbitration Award

One of the very few ways to show evident partiality by an arbitrator is to show the arbitrator had financial ties to a party or witness in the proceeding, another is to show the arbitrator prejudiced a party by reversing a...more

4/5/2013 - Arbitration Arbitration Awards Attorney's Fees Damages Discovery Impartiality Proof of Loss

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more

3/20/2013 - Arbitration Arbitration Awards Federal Arbitration Act Motion to Vacate Sanctions

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