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Arbitration Nation Blog

Articles: 1-10 of 188

Comparison of AAA, JAMS, CPR Commercial Rules

USA - August 11 2018 Here is a chart comparing the three sets of commercial rules on important topics. Fair warning: the rules are very similar. So, we added an asterisk…

Dispositive Motions in Arbitration? Just Do It.

USA - August 6 2018 Despite clear grounds for authority, arbitrators remain wary of hearing and granting dispositive motions.* While arbitrators posit reasons for their…

Three Failures To Disclose, Only One Arbitration Award May Be Vacated

USA - July 26 2018 If an arbitrator fails to disclose a substantial relationship, the resulting award can be vacated under 9 U.S. C. 10 (a)(2). But, not all…

No Arbitration Because Ricky Martin Is a Singer, Not a Signer

USA - July 16 2018 Before the last World Cup, Sony sponsored a song-writing contest. It invited entrants to submit an original song and music video, with a promise…

Federal Circuits Split On Whether Uber Can Enforce Arbitration Clause

USA - July 1 2018 Almost a year ago, the Second Circuit praised the clean, readable design of Uber’s app. Because the reference to Uber’s terms of service was not…

SCOTUS Takes Third Arbitration Case For Next Term (and bonus nursing home arbitration cases)

USA - June 25 2018 It is Henry Schein Inc. v. Archer and White Sales Inc., in which SCOTUS is going to resolve the circuit split over the "wholly groundless" doctrine…

Trickle Down Arbitration-omics

USA - June 11 2018 Lots of folks are writing about the long-term impact of SCOTUS’s recent decision in Epic Systems, but it is also important to note that there has been…

Delegating Arbitrability To Arbitrator Is Effective In Denying Class Actions

USA - June 1 2018 The Fifth Circuit enforced a delegation clause in Edwards v. DoorDash, 2018 WL 1954090 (5th Cir. Apr. 25, 2018), a case involving a putative FLSA…

Justice Gorsuch Delivered . . . A Win For Class Arbitration Waivers

USA - May 22 2018 SCOTUS finally delivered its decision today in Epic Systems Corp. v. Lewis, the consolidated case that addresses whether employers can require…

Mississippi Clarifies When “Evident Miscalculation” Exists To Modify An Arbitration Award

USA - May 17 2018 The Supreme Court of Mississippi issued a new opinion that sheds light on a topic that doesn’t come up often: when can an arbitration award be…