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When Broad Arbitration Language Still Isn’t Broad Enough
The Third Circuit interprets “broad”
When Card Use Becomes Consent: Court Compels Arbitration of TCPA and Tort Claims
Activating and using credit cards accepted the arbitration agreement.
When the Contract Ends but the Arbitration Clause Does Not
The Eighth Circuit Sends Post-Service Texting Claims to Arbitration
EFAA Can Void Arbitration for the Entire Case — Not Just the Harassment Claim
The Sixth Circuit sends both the arbitration baby and the bathwater to litigation.
When a Kentucky Arbitration Statute Blocks Arbitration in a Business Dispute
But the FAA May Still Open the Door
When Process Becomes the Appeal: Arbitrator Authority, AAA Rules, and “Errors of Law”
Arbitration appeals rarely succeed by arguing “the arbitrator got it wrong.”
California SB 82 and the End of “Infinite” Consumer Arbitration Clauses (Maybe)
Reigning in overly broad arbitration agreements?
Mediation Isn’t a “Try-It-and-See” Exercise: When You Settle on the Record, the Deal Usually Sticks
A mediated deal is not “optional” just because the papers aren’t signed yet.
How the FAA Helped Carry the Day on a “Click-to-Accept” Arbitration Clause
The Sixth Circuit weighs in on clickwrap arbitration agreements.
When the FAA Applies Because the Contract Says So: A Drafting Lesson from Tuufuli v. West Coast Dental
The FAA can apply to intrastate disputes, too.
Preserving Future Arbitration Rights After Valli v. Avis Budget Group
The Third Circuit provided a good roadmap
Arbitration awards are hard to undo — and “fact mistakes” are even harder
Arbitration is built for finality
California SB 82: A New “Ceiling” on Consumer Arbitration Clauses — and a Collision Course with the FAA?
A new law means new changes. Or does it?
When Does a Federal Court Keep Jurisdiction After Ordering Arbitration? SCOTUS Takes Up the “Jurisdictional Anchor” Split
A case that asks a deceptively simple question with nationwide consequences for arbitration practice.
“Winning” the Mediation vs. Resolving the Dispute: How Mediators Can Prepare Counsel (and Clients) for Real Resolution
Tilting the session toward resolution rather than performance
Why Vacating an Arbitration Award Is So Hard: Lessons from Loans on Fine Art LLC v. Peck
A recent SDNY decision confirms just how difficult it is to vacate an arbitration award.
When Arbitration Agreements Matter: A Practical Reminder from the Golikov v. Walmart Sanctions Proceedings
Why Confirming Arbitration Agreements Early Can Prevent Costly Litigation
When Federal Law Controls, Arbitration Prevails: ELCRA, Title VII, and the FAA
A new decision explains why the FAA requires arbitration of ELCRA claims despite state-level uncertainty.
