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Arbitration American Arbitration Association Appeals

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
McGlinchey Stafford

Litigation Byte (May 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

McGlinchey Stafford

AAA Overhauls Its Consumer Arbitration Rules

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On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

White and Williams LLP

Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

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In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a...more

Rumberger | Kirk

Florida High Court Says Airbnb Arbitration Sticks- It’s in the Fine Print

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In a 6-1 decision, the Supreme Court of Florida reversed the Second District Court of Appeal and found that a Texas couple who accepted a “clickwrap” terms of service agreement when booking a vacation rental had also accepted...more

Snell & Wilmer

Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction

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Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration...more

Genova Burns LLC

Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company

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On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Enforces Delegation Clause in Arbitration Agreement

On March 30, 2021, in Bossé v. New York Life Insurance Co. et al., the First Circuit Court of Appeals issued an important decision upholding the enforceability of an arbitration agreement that delegates the arbitrability of...more

Bradley Arant Boult Cummings LLP

Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award

On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more

Carlton Fields

New York Appellate Division Declines to Enjoin Baltimore Orioles’ Arbitration Against Washington Nationals

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Two professional baseball teams — the Washington Nationals and the Baltimore Orioles — were parties to a partnership agreement granting exclusive broadcast rights to their baseball games to a third entity. The agreement had a...more

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

Williams Mullen

Who Decides The Arbitrability of The Dispute – Part II

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In July 2018, our Construction Alert addressed the question of who decides the arbitrability of a dispute when your contract includes an arbitration clause. Is it a court or the arbitrator? How did the “wholly groundless”...more

Troutman Pepper Locke

Adopting AAA Rules to Govern Arbitration Proceedings May - or May Not - Allow U.S. Arbitrators to Decide Gateway Questions of...

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Can arbitrators determine what issues they have the power to decide? According to the U.S. Supreme Court, they can, provided there is “clear and unmistakable evidence” the parties intended to delegate threshold questions to...more

Epiq

The Supreme Court will Address Another Class Arbitration Issue

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The legal profession as a whole is familiar with the basic principles of both class action litigation and bilateral arbitration. Class arbitration is a less common form of dispute resolution that the courts have debated for...more

Carlton Fields

Tenth And Eleventh Circuits Buck Other Circuits Requiring Higher Showing Of Intent To Delegate Class Arbitrability to Arbitrator

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Within one week of each other, United States Courts of Appeals in two circuits have issued opinions holding that arbitration agreements incorporating the American Arbitration Association (AAA)’s arbitration rules itself...more

Ward and Smith, P.A.

Construction Arbitration: The Pros and Cons

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It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more

Carlton Fields

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

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Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Carlton Fields

Ninth Circuit Allows Dispute To Proceed In Court After Arbitration Dismissed For Failure To Pay Deposit

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In mid-June, the U.S. Court of Appeals for the Ninth Circuit issued an opinion which holds that where an arbitration proceeding is dismissed because one side is unable to pay their share of the arbitration, the case may...more

Carlton Fields

Ninth Circuit Directs Court To Vacate Ruling That Disqualified Arbitrator In The Midst Of An Ongoing Arbitration

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The dispute at issue in this case involved claims of fraud in the sale of condominium units asserted by unit purchasers against the condominium developer. Arbitration under the AAA was underway between the parties, when it...more

Polsinelli

How Final Do You Want It To Be?: Recent Change To American Arbitration Association Rules Allows For Appeals In Certain Cases

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In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider...more

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