Search through prior posts
to the Nationwide ADR Journal
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.
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 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.
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.
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 (Updated)
The MyPillow Guy gets his $5 million back.
Fifth Circuit Firmly Rejects “Manifest Disregard” as Basis to Vacate Arbitration Awards
Parties who agree to arbitration must be prepared to accept the outcome, even if they disagree with the legal reasoning.
Mass Arbitration and the FAA: SCOTUS Petition Targets Heckman Decision
Will SCOTUS weigh in on mass arbitrations?
Fourth Circuit Upholds Arbitration Despite SCRA Protections for Veterans
Plaintiffs bringing claims under the SCRA will, at least in the Fourth Circuit, be bound by executed arbitration agreements.
Using the FAA to Confirm an Arbitration Award: A Jurisdictional Cautionary Tale for Litigators
Courts can no longer “look through” the petition to the underlying dispute to find a federal hook.
Mass Arbitration, Consolidation, and Contractual Limits: The Ninth Circuit’s Ruling in Jones v. Starz Entertainment
The Jones v. Starz Entertainment decision is a powerful reaffirmation of the contractual and procedural framework that governs arbitration.
SCOTUS Stays Arbitrations: No Dismissals Under the FAA When Arbitration Is Ordered
Existence of a valid arbitration agreement must be determined before arbitrability can be addressed.
Clarifying the FAA’s Transportation Exemption—Yes, Even for the Wonder Bread Truck Driver
Nothing left to Wonder anymore.
Changing the Arbitration Landscape
A court may not make up a new procedural rule based on the FAA’s “policy favoring arbitration”.
Employment Arbitration Provisions
Courts are beginning to back laws that prohibit employee/employer arbitration clauses.
