From FOI Kristen Blankley: I would like to invite all ADR scholars to review and sign an amicus curiae brief in the important arbitration case of Bakoss v. Lloyd’s of London. This case is currently before the Supreme Court on a petition for certiorari. The case deals with the definition of “arbitration” under the Federal Arbitration Act. Specifically, the case involves whether certain third party valuations constitute “arbitration” under the FAA.

The Dispute Resolution Scholars amicus brief, primarily drafted by Liz Tippett of Oregon, considers the circuit split on the test for what constitutes arbitration, comparing the “classic arbitration” definition test and the “settlement” definition test. Essentially, this brief argues that arbitration must have certain characteristics of classic arbitration to constitute “arbitration” under the FAA. The broader definition, adopted in the 2nd and other Circuits, would have a devastating effect on dispute resolution as a whole, sweeping into the purview of the FAA other dispute resolution procedures aimed at “settlement.” The “classic arbitration” definition is also closer to the drafter’s intent of what constitutes arbitration, as well as comports with due process.

Signatories to the brief will include Michael Moffitt, Jen Reynolds, and Liz Tippett of Oregon, Kristen Blankley of Nebraska, and Imri Szalai of Loyola of New Orleans.

If you would like to review a copy of the brief, please contact Liz Tippett (tippett@uoregon.edu), Kristen Blankley (kblankley2@unl.edu), or counsel of record Scott Seidman (scott.seidman@tonkon.com).