Stinson Leonard Street - Arbitration Nation

Unvacated: 11th Circuit Finds Repeat Arbitrator Not Biased

The Eleventh Circuit has a lesson for future litigants: the presence of a repeat player is not enough to show the evident partiality needed to vacate an arbitration award under the Federal Arbitration Act. In Johnson v…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

To (b)(1) or not to (b)(1): What to Call your Rule 12 Arbitration Motion

Let’s say your client gets sued in court, the parties have an arbitration agreement, and you want to compel arbitration right away and not mess around with any other court proceedings. You already know you can make a motion to…more
| Alternative Dispute Resolution (ADR), Civil Procedure

A Four-Year Blogiversary – and an Infographic for Compelling Arbitration!

The primary purpose of this blog is to educate lawyers and clients about arbitration law. So, what better way to celebrate my fourth blogiversary than with an awesome new infographic about compelling arbitration! Making a…more
| Alternative Dispute Resolution (ADR)

California Upholds Controversial Arbitration Clause Within Consumer Contract

California is changing its tune. Although previously known for decisions that flouted federal arbitration law, its decision yesterday in Sanchez shows the current California Supreme Court will abide by SCOTUS’s interpretation…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Second Circuit Clarifies That Arbitrable Claims Should Be Stayed, Not Dismissed

Parties who ask a court to compel arbitration of all the plaintiff’s claims have a decision to make: should they ask the court to stay the claims or dismiss them (if it finds them arbitrable)? After noting that the federal…more
| Alternative Dispute Resolution (ADR), Civil Procedure

State Courts Disagree About Incorporating Arbitration Agreements By Reference (Post #200!)

One way to challenge the very existence of an agreement to arbitrate is to say that the parties’ contract said nothing about arbitration and did not validly incorporate any other document calling for arbitration. Oklahoma and…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Should You Cut The Delegation Clause From Your Arbitration Agreement?

A recent report showed that less than half of arbitration agreements in the consumer financial arena include delegation clauses in their arbitration agreements. Two recent decisions from state high courts suggest that is a wise…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Arbitration Fireworks: Three Federal Circuits Refuse To Compel Arbitration

Three federal appellate courts recently affirmed lower courts’ refusal to compel arbitration. These cases show that the federal policy favoring arbitration is not absolute – the parties must have agreed to arbitrate the claims…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Circuit Split Persists Regarding Whether Arbitrator’s “Manifest Disregard” Of Law Can Vacate Arbitration Award

Three years ago, this blog catalogued where all the federal circuits stood on the issue of whether an arbitration award that “manifestly disregarded the law” could be vacated under the Federal Arbitration Act, as that is not one…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Hawaii Finds Arbitration Agreement With “Severe Limitations on Discovery” is Unconscionable

Hawaii issued a bold arbitration decision this month. It applied its state contract law to conclude that the parties did not form a clear arbitration agreement, but even if they did, it was unconscionable because it prohibited…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Real Estate - Residential

A Modest Proposal: Change the Name of Arbitration

Arbitration has a brand recognition problem. Not enough people know what it is. The recent CFPB report summarized studies showing that even among consumers who know they have an arbitration clause, the majority do not…more
| Alternative Dispute Resolution (ADR), Consumer Protection, Finance & Banking

Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute

The Supreme Court of Missouri has issued two significant arbitration decisions in recent weeks, showing its willingness to sever any aspects of an arbitration agreement that it finds unconscionable (while enforcing the overall…more
| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Civil Procedure, Civil Rights, Labor & Employment Law

Defendant’s Failure To Pay Arbitration Fees Cannot Stymie Claims Against It

Usually, when faced with a respondent who refuses to pay its share of the arbitration fees, a claimant simply pays both sides’ fees, so that the arbitration can proceed. A new case out of the Tenth Circuit answers the question:…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Spring Vacations: Which arguments are winning on appeals from arbitration so far in 2015?

Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards. The seven opinions below emphasize how difficult it is to prove that an arbitrator exceeded his or…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Fifth Circuit Finds Parties Can Authorize Arbitrators By Their Conduct

The Fifth Circuit un-vacated an arbitration award last week, holding the district court had wrongly concluded that the court was the proper decision-maker on contract formation.  Although courts are presumptively authorized to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
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Contact

150 South Fifth Street Suite 2300
Minneapolis, MN 55402, United States

Contact: Liz Kramer

  • 612.335.1927
  • 612.335.1657

Areas of Practice
  • Alternative Dispute Resolution (ADR)
Locations
Other U.S. Locations
  • D.C.
  • Minnesota
  • North Dakota
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