Contract Disputes, Federal Arbitration Act, Appellate Courts

Federal Circuit lacks jurisdiction over award that doesn’t raise issue of patent law

McDermott Will & Schulte on 8/7/2025

The US Court of Appeals for the Federal Circuit determined that it lacked appellate jurisdiction over a district court judgment confirming an arbitration award stemming from a dispute over royalties paid under patent license...more

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

McGlinchey Stafford on 8/5/2025

In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

McGlinchey Stafford on 6/30/2025

The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

U.S. Fifth Circuit Firmly Shuts Courthouse Doors on Petitions to Vacate Arbitration Awards for "Manifest Disregard of the Law"

Baker Donelson on 6/13/2025

The U.S. Court of Appeals for the Fifth Circuit in United States Trinity Energy Services., L.L.C. v. Southeast Directional Drilling, L.L.C., 135 F.4th 303 (5th Cir. 2025) ruled that "manifest disregard of the law" is not a...more

Fifth Circuit: "Manifest Disregard of the Law" Cannot Be Grafted to FAA as a Basis for Vacatur of Arbitration Award

Husch Blackwell LLP on 5/12/2025

In affirming a district court’s denial of a petition to vacate an arbitration award, the U.S. Court of Appeals for the Fifth Circuit recently rejected the argument “that manifest disregard of the law remains viable as an...more

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

Bradley Arant Boult Cummings LLP on 12/22/2021

A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more

U.S. Supreme Court Declines To Provide Clarity On Threshold Question Of Arbitrability

Hahn Loeser & Parks LLP on 3/18/2021

Construction contracts often include arbitration provisions that require any dispute arising out of a project be resolved through binding arbitration. But who decides whether such a dispute is subject to the arbitration...more

Trends in Arbitration Agreements

Flaster Greenberg PC on 2/4/2020

The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused...more

Contract Disputes › Federal Arbitration Act › Appellate Courts

"My best business intelligence, in one easy email…"