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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.
Broad Arbitration Clauses Sweep In Tort Claims, Says Ohio Supreme Court
The Supreme Court of Ohio reinforces its pro-arbitration beliefs.
Confidentiality in Mediation — and Why Posting on Social Media Can Backfire
Social-media posts during mediation can create liability.
When “Clear and Unmistakable” Isn’t So Clear: The Fifth Circuit’s Arbitration Ruling Heads to the Supreme Court
Will SCOTUS decide who decides?
When Confidence Clouds Judgment: What the Data Reveal About Mediation Settlement Decisions
Why overconfidence leads lawyers to misjudge trial outcomes — and how mediation helps
When Arbitration Fails the Forum Test: The Eleventh Circuit Reinforces Due Process Standards in Consumer Arbitration
Businesses which fail to comply with AAA consumer arbitration rules can lose their right to compel arbitration.
Washington Court Expands FAA Transportation-Worker Exemption and Reaffirms Limits on Class Waivers in Wage Cases
A new decision underscores that workers moving goods in interstate commerce fall outside the FAA—and that state law still limits class-action waivers in wage disputes.
Federal Court Applies the EFAA to Bar Arbitration in Sexual Harassment Case
Courts are reading the EFAA broadly — extending its protection to entire cases, not just the harassment claim.
Mandatory Arbitration in IPOs: The SEC’s New Policy Shift and What It Means
A policy shift with big implications for investors, issuers, and litigators.
When Non-Payment Isn’t “Refusal”: The Second Circuit Weighs in on Arbitration Fee Disputes
Arbitration fee disputes are procedural matters for arbitrators, not federal courts.
Second Circuit to NFL: “Arbitration” Can’t Mean “Commissioner Decides Everything”
The FAA protects agreements to submit disputes to a neutral decision-maker under fair, bilateral procedures.
California Supreme Court Narrows the Scope of Arbitration Fee Payment Statute — Avoiding Federal Preemption
The California Supreme Court breathes leniency into that state’s strict rules about arbitration fees.
When Arbitration Goes Too Far — Eighth Circuit Vacates $5M Award in Lindell Election Data Dispute
The MyPillow Guy gets his $5 million back.
New Jersey Supreme Court Rejects Arbitration Clause Without Proof of Customer Agreement
Corporations that want to bind someone to an arbitration clause must provide evidence of it and their attempt to show habit or routine must be grounded in reality and documented
