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Arbitration Appeals

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Carlton Fields

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

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In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more

Morgan Lewis

Singapore Court of Appeal Sets Out Framework for Infra Petita Challenges

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In the recent case of DKT v. DKU [2025] SGCA 23, the Singapore Court of Appeal has, noting its observation of an “increasing tendency for disgruntled award debtors to abuse this ground of challenge on wholly unmeritorious...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit allows putative class action to proceed after defendant fails to register arbitration clause with administrator

On May 21, the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court’s denial of the defendant’s motion to compel arbitration in a lawsuit against a credit union over alleged improper fees charged to the...more

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

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Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more

McGlinchey Stafford

AAA Overhauls Its Consumer Arbitration Rules

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On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more

Jackson Lewis P.C.

Withdrawal Liability Collection Scope Expanded

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Takeaway Related Links Article The Third Circuit’s recent ruling enhanced a pension fund’s ability to pursue withdrawal liability collection against affiliated employers. The decision underscores the evolving nature of ERISA,...more

Bradley Arant Boult Cummings LLP

AAA Updates Consumer Arbitration Rules: What Businesses Need to Know

The American Arbitration Association (AAA) recently rolled out significant updates to its Consumer Arbitration Rules and Mediation Procedures, which took effect on May 1, 2025. These changes reflect AAA’s continued commitment...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Blake, Cassels & Graydon LLP

From Court to Contract: Navigating Recent Supreme Court and Appellate Decisions

Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario and...more

Jackson Lewis P.C.

Withdrawal Liability: Third Circuit Paves New Path for Pension Funds to Collect from Affiliated Employers

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Holding a settlement agreement was a revised withdrawal liability assessment, the U.S. Court of Appeals for the Third Circuit rejected a group of dairy companies’ petition to dismiss a pension fund’s claim to enforce a $39...more

Husch Blackwell LLP

Fifth Circuit: "Manifest Disregard of the Law" Cannot Be Grafted to FAA as a Basis for Vacatur of Arbitration Award

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In affirming a district court’s denial of a petition to vacate an arbitration award, the U.S. Court of Appeals for the Fifth Circuit recently rejected the argument “that manifest disregard of the law remains viable as an...more

Wiley Rein LLP

Prior Demand for Books and Records Unrelated to Subsequent Arbitration Brought by Same Claimants

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Applying Illinois state law, the Appellate Court of Illinois has held that two lawsuits against insureds did not allege Related Wrongful Acts sufficient to render the two lawsuits a single, related claim under the D&O...more

Kohrman Jackson & Krantz LLP

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...more

Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Felicello Law PC

Is Arbitration Right for Your Legal Needs? Key Considerations Before Choosing Arbitration Over Litigation

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Arbitration is often viewed as a faster, more cost-effective alternative to litigation, but is it the right choice for every dispute? Should you include an arbitration clause in every contract? While it can offer...more

Fenwick & West LLP

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

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On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more

Rivkin Radler LLP

2nd Circuit Refuses to Enforce Insurance Policy’s Arbitration Provision

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A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies. In Ehrenberg v. Allied...more

Bressler, Amery & Ross, P.C.

Enforceability of Arbitration Clauses in NJ Developer Purchase Agreements

When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, arbitration clauses, which...more

Carlton Fields

Second Circuit Vacates Decision Denying Arbitration

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The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Seyfarth Shaw LLP

PAGA Paraphrased – Williams v. Alacrity Solutions Group, Inc.

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PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component,...more

Tucker Arensberg, P.C.

Third Circuit Validates Pension Plan’s Right to Revise Withdrawal Liability Assessment and Its Enforcement in Federal Court

Tucker Arensberg, P.C. on

In Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025 Mar. 27, 2025), the United States Court of Appeals for the Third Circuit (“Third Circuit”) reversed the district...more

Proskauer - California Employment Law

When Headless PAGAs Attack!

As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more

Foley & Lardner LLP

Health Care Litigation: Seven Considerations in Forum Selection

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Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought....more

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