News & Analysis as of

Federal Arbitration Act Federal Rules of Civil Procedure

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. 
Miles Mediation & Arbitration

10 Things an Arbitrator Hates About Arbitration (With Apologies to William Shakespeare)  

You may recall Shakespeare’s line from Henry VI, Part 2, Act IV, Scene 2, spoken by the noted legal scholar, Dick the Butcher, “the first thing we do, let’s kill all the lawyers.” If we’re talking about fixing arbitration,...more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2023

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The Supreme Court of the United States issued four decisions today: United States v. Texas, No. 22-58: This administrative law and separation of powers case addressed the ability of states to sue the executive branch...more

Seward & Kissel LLP

In Groundbreaking Decision, Second Circuit Harmonizes Service Requirements Under the Federal Arbitration Act, the New York...

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On October 3, 2022, in Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C. A., the Second Circuit Court of Appeals resolved a novel question of first impression in favor of petitioner Commodities & Minerals...more

Felicello Law PC

Beware Defaulting Parties in Arbitration Proceedings

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If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more

Mintz - Arbitration, Mediation, ADR...

Into the Fray: Seventh Circuit Holds That Foreign and International Commercial Arbitrations Do Not Receive U.S. Judicial...

The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional reasons to hold that a foreign or international commercial arbitration is not...more

Mintz - Arbitration, Mediation, ADR...

Momentum Building for Applicability of 28 U.S.C. §1782(a) to Obtain Discovery for Use in Foreign or International Private...

In 1948, the United States first promulgated a unique statutory mechanism by which, via its 1964 amendment, an interested person could receive judicial assistance in obtaining evidence in the U.S. for “use in a proceeding in...more

Mintz - Arbitration, Mediation, ADR...

Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. §...

The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

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The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

Mintz - Arbitration, Mediation, ADR...

FAA Procedures Supersede the Federal Rules in Judicial Proceedings Concerning Arbitrability; Then The Courts Make It Complicated

You are in federal court facing a motion to compel arbitration, and you reach for your well-worn copy of the Federal Rules of Civil Procedure in order to confirm how to go about your next step -- demanding a jury trial for...more

Carlton Fields

Ninth Circuit Holds that Federal Rules of Civil Procedure Govern How to Calculate the FAA’s Three-Month Filing Deadline to Seek...

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The Ninth Circuit affirmed the denial of a petition to vacate an arbitration award because the petition was filed one day late. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virgin Islands Supreme Court Confirms Applicability of FAA and Issues Guidance on Arbitration Agreements

In Whyte v. Bockino, No. 2017-0024 (August 29, 2018), the Supreme Court of the United States Virgin Islands held that the Federal Arbitration Act (FAA) applies to contracts in the Virgin Islands and concluded that the claims...more

Ward and Smith, P.A.

Construction Arbitration: The Pros and Cons

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It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more

Benesch

Despite Legality, Employee Arbitration Pacts Are No Panacea

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On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Right to Jury Under Section 4 of Federal Arbitration Act

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Bass, Berry & Sims Chris Lazarini analyzed a case outlining when a party is entitled to have a jury decide issues related to the making or enforceability of an arbitration agreement. ...more

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