I was just informed that certiorari was granted in Arthur Andersen LLP, et al., v. Carlisle, et al. (08-146), on Friday. The question at issue is whether, under the Federal Arbitration Act, federal circuits courts have jurisdiction to hear appeals of denials of motions to compel arbitration raised by parties that did not sign the … Continue reading Certiorari Grant in Third Arbitration Case for 2008-09 Term →

Although I have not had a chance to read the case or this article, I thought readers would like to know that ADRworld.com is reporting that: The U.S. Supreme Court recently overturned a ruling by the Ninth Circuit that partially vacated an arbitration award based on manifest disregard of the law and instructed the appeals … Continue reading More evidence of the demise of Manifest Disregard →

Discover Bank v. Vaden will have oral arguments today — this case will address: 1. Whether a suit seeking to enforce a state-law arbitration obligation brought under Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, “aris[es] under” federal law, when the petition to compel itself raises no federal question but the dispute … Continue reading Penn Plaza to be argued 12/1; Vaden to be argued today! →

On SSRN, Chris Drahozal and Quentin Wittrock posted an article analyzing whether franchisors are moving away from mandatory arbitration. Their abstract states: Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or … Continue reading Is there a flight from arbitration? →

I just commented on a case from an Ohio Appellate Court where, according to adrworld.com, “the court ruled that a party’s consent to arbitrate an employment discrimination claim through the filing of a counterclaim that was later dismissed did not constitute a waiver of that party’s right to bring the same action in court where … Continue reading Cercone v. Merrill Lynch (Ohio Appellate Court) →

As posted on the Contracts Law Prof Blog this past Monday, a Missouri Court of Appeals held that Hallmark’s ADR program was not a contract that could bind an employee to mandatory ADR. As Professor Meredith Miller wrote, “Mary Kay Morrow began employment with Hallmark in 1982. In 2002, the company adopted an ADR program. … Continue reading Perhaps a Chink in the Arbitration Armor? →

The Institute of Legal Reform, an arm of the U.S. Chamber of Commerce, released a study today that offers further evidence that arbitration can be beneficial to consumers in their disputes with businesses. According to the report, at www.instituteforlegalreform.com/media/pressreleases/20080715.cfm, consumers fare better in arbitration than in litigation: “The new analysis, conducted by Navigant Consulting, looked … Continue reading Latest Empirical Study Supports Use of Consumer Arbitration →

The Daily Labor Report had this story today about objections from labor law attorneys to the proposed Employee Free Choice Act: “The mandatory first contract arbitration provision of the proposed Employee Free Choice Act (H.R. 800/S. 1041) has a “constitutional problem” and if enacted will be challenged in court, a management attorney said June 10. … Continue reading Lawyer Criticizes Employee Free Choice Act due to impact on Labor Arbitration →

ADRworld.com reports that both houses of Congress have passed a bill that, if signed by the President, will add a new section on the use of arbitration agreements to Title II of the Packers and Stockyards Act (7 U.S.C. 198 et seq.). The provisions will permit a producer or grower to opt out of arbitration … Continue reading Farm Bill Allows Farmers to Opt Out of Arbitration →