At least in theory, mutual assent remains a cornerstone of contract law and thus of arbitration. The tricky part has become understanding what counts as mutual assent in a world where overwhelming empirical evidence, not to mention our own lived
Arbitration Nation, published by Stinson LLP, focuses on developments and issues in arbitration law. The blog covers topics such as enforcement and challenges to arbitration agreements, arbitrator disclosures and ethics, class arbitration and its complexities, delegation provisions, equitable estoppel in arbitration, and recent court decisions impacting arbitration practice. It discusses both procedural and substantive arbitration matters, including the interaction between arbitration clauses and consumer protection, repeat player effects, and the role of courts versus arbitrators in determining arbitrability. The blog provides analysis of case law and legal principles relevant to arbitration practitioners and parties involved in dispute resolution.
In this week’s installment of Arbitration Nation, we’re going to look at when a “decision with respect to an arbitration” may be appealed. 9 U.S.C. § 16 provides part, but only part, of the answer. The rule essentially establishes the…
Spring is just around the corner! And with spring comes an outstanding conference that the ABA Section of Dispute Resolution will be presenting on April 10-13, 2019 at the Hyatt Regency in Minneapolis, Minnesota – see the conference flyer for a…
Discovery in international arbitrations can be controversial for a lot of reasons. The District Court for the District of South Carolina recently added another one to the list in In re Servotronics, Inc., No. 2:18-MC-00364-DCN, 2018 WL 5810109 (D.S.C.…
Liz has written before about the ways that state courts sometimes try to resist SCOTUS’s love affair with arbitration. Resistance can come in many and varying forms, some more subtle than others.
One persistent source of confusion in arbitration law,…
When Liz first told me that she was going to be our state’s new Solicitor General, I was overwhelmed, feeling a great wave of pure, abject panic.
Don’t get me wrong, Liz is going to be an outstanding Solicitor General,…
As many of you know from LinkedIn or Twitter, I have accepted an exciting new position. I will be Minnesota’s Solicitor General starting next week. Because I want to give my full attention to serving this great state, I need…
First, SCOTUSblog referenced “arbitration nation” last fall, which was flattering. Then last week the Ninth Circuit declared: “we have become an arbitration nation.” That was basically the title of my first post on this blog seven years ago! (“We…
The Supreme Court issued another arbitration decision today in New Prime v. Oliveira. And like last week’s decision in Henry Schein, it was unanimous (but Kavanaugh did not participate). Today’s New Prime decision has two key holdings: First,…