I called it. SCOTUS issued its unanimous opinion today in Henry Schein v. Archer & White, vacating and remanding the Fifth Circuit decision and making clear that there is no “wholly groundless” exception to the Federal Arbitration Act’s enforcement of
Arbitration Nation
A resource for litigators, in-house counsel, and arbitrators
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.
Latest from Arbitration Nation - Page 5
How To Calculate The Appeal Period From An Arbitration Award
Courtesy of the Ninth Circuit, we kick off 2019 with some fundamentals. The Federal Arbitration Act gives parties three months to petition to vacate an arbitration award. We know that “Three is the Magic Number,” but how exactly…
Biggest Arbitration Stories Of 2018
Severability Doctrine Sends Two Disputes To Arbitration
One of the most confounding doctrines in federal arbitration jurisprudence is the severability doctrine. The U.S. Supreme Court has held, since Prima Paint in 1967, that courts must enforce arbitration clauses within contracts, even if the entire contract is invalid…
ArbitrationNation Remains Hall of Famer!
The ABA Journal released its Web 100 awards recently, and I am happy to announce that ArbitrationNation is still in the Blawg Hall of Fame! ArbitrationNation was inducted into the Hall of Fame last year, after multiple years on…
This Week In Arbitration: Jay-Z, Waiver, And “Functus Officio”
Studies Conclude Arbitration Is A Black Hole With Repeat Player Bias (But Also Faster & Cheaper Than Court)
11th Circuit Finds Homeowners Bound By “Shinglewrap” Arbitration Agreement, Shuts Down Class Action
Four Decisions Conclude Claims Outside Scope of Arbitration Agreement
Seventh Circuit Ducks Hard Question on Class Arbitrability
The Seventh Circuit issued an opinion last week that sounded like it would be a big deal. The case, Herrington v. Waterstone Mortgage Corp., 2018 WL 5116905 (7th Cir. Oct. 22, 2018), dealt with the fallout from SCOTUS’s Epic Systems…




