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Federal Arbitration Act › De Novo Standard of Review

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Mintz - Arbitration, Mediation, ADR...

Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds

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In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act...more

Mintz - Arbitration, Mediation, ADR...

The Potential Pitfalls of Contesting Arbitrability in the Arbitration

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When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02...more

Carlton Fields

Court Interprets Contract Containing Mandatory De Novo Review Provision Of Arbitration Award

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The Tenth Circuit Court of Appeals determined that an ADR provision of an agreement which called for arbitration, but also indicated that either party may “notwithstanding any provision of law bring an action against the...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2016

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Editor's Overview - This month, we look at the implications of the two federal district court cases from California that applied the ban on discretionary clauses typically found in ERISA plans to self-insured plans. The...more

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