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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.
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.
