Happy summer! It’s been far too long since my last update, but rest assured I have been thinking a lot about arbitration. In fact, I’m currently teaching a summer course at Queen Mary University of London’s International School of Arbitration,
The interplay of the separability doctrine and delegation clauses can create a bullseye that only Hawkeye, the OG Avenger with a bow, might have a prayer of hitting. The Missouri Supreme Court provided a nice reminder about this problem in
If you’re in California or looking for a good reason to get to Malibu (like you need a good reason besides the fact that it’s Malibu), you should think about an upcoming dispute resolution conference on June 18-19 at the
The Second Circuit just reminded us that there’s nothing magical about the label “arbitration” and, despite it being a good idea to include it, there’s nothing magical about using – or failing to use – phrases like “final and binding”
This week, we’ll get to the nitty gritty of a topic that can be extremely relevant to litigators: the law applicable to determine the preclusive effect of an arbitral award.
If something’s been arbitrated, it generally cannot be relitigated. In
My students are sometimes surprised to learn that statutory rights are, with a handful of very minor exceptions, fully arbitrable. That surprise often turns to indignation when they read Justice Scalia’s majority opinion in American Express Co. v. Italian Colors Restaurant
It’s not at all evident to me why SCOTUS felt the need to grant review of Lamps Plus, Inc. v. Varela. But it did. And the majority decision, authored by Chief Justice Roberts, did precisely what I think that
One of arbitration’s supposed virtues is that it’s fast and simple – streamlined, as many courts are fond of saying. As a consequence, arbitral awards generally do not need to be supported by any reasoning or rationale. Unless the parties
You might recall SCOTUS’s 2017 smack down of a Kentucky common law rule regulating the formation of an arbitration agreement in Kindred Nursing Centers Ltd. P’ship v. Clark, 137 S. Ct. 1421, 1424 (2017). Liz wrote about the case
As regular readers of the blog may recall, Liz wrote a brief note about a decision by the Supreme Court of Missouri holding that arbitration is not available when companies select a defunct institution to administer their arbitrations with consumers.
