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Business Litigation Arbitration Federal Arbitration Act

McGlinchey Stafford

Litigation Byte (May Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Farrell Fritz, P.C.

Litigants Beware: New York Courts Admonish Entanglement in Arbitration Proceedings

Farrell Fritz, P.C. on

Arbitration can be an effective alternative for parties seeking to avoid drawn-out and costly litigation. As a result, it has become common practice for parties to negotiate arbitration clauses into their agreements....more

Troutman Pepper

Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Troutman Pepper on

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

DarrowEverett LLP

Morgan v. Sundance, Inc., and its Implications Pertaining to Litigants and the Right to Arbitrate

DarrowEverett LLP on

The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules,...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

Stinson LLP

Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

Stinson LLP on

On Tuesday, July 12, 2022, the Missouri Supreme Court issued a unanimous opinion in Bridgecrest Acceptance Corporation v. Kelly Donaldson and Robert Haulcy, No. SC99269 and Bridgecrest Acceptance Corporation v. Christopher...more

Robinson & Cole LLP

Supreme Court Limits Section 1782 Discovery in International Arbitrations

Robinson & Cole LLP on

This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and...more

Perkins Coie

Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

Perkins Coie on

The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to...more

Perkins Coie

Supreme Court Limits Federal Courts’ Jurisdiction to Enforce Arbitration Awards

Perkins Coie on

Last week, the U.S. Supreme Court ruled that federal courts cannot enforce or vacate arbitration awards under Sections 9 and 10 of the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., unless they have an independent...more

Polsinelli

Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent

Polsinelli on

The Federal Arbitration Act (FAA) endorses and encourages arbitration as a speedier and less costly dispute resolution alternative to litigation. In recent years, however, companies have become increasingly concerned that...more

Polsinelli

What Did I Agree To? Importance of Reviewing Arbitration Provisions

Polsinelli on

Polsinelli recently defeated a motion to dismiss a client’s judicial review of an arbitration award, successfully arguing that adopted arbitration rules that waive appellate rights do not waive a party’s right to judicial...more

Troutman Pepper

Injunction Carve-Outs in Arbitration: Emergency Only, or All Equity Claims?

Troutman Pepper on

Arbitration may end sooner and more efficiently than litigation, but it is slower to begin. A courthouse is just sitting there waiting for a complaint to be filed. Originally published in Alternatives to the High Cost of...more

Burr & Forman

Arbitration Clauses Under Attack – Do They Harm Consumers?

Burr & Forman on

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

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