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Federal Arbitration Act › Contract Disputes › Appellate Courts

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
McGlinchey Stafford

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

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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

Baker Donelson

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

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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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Bradley Arant Boult Cummings LLP

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

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

Hahn Loeser & Parks LLP

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

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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

Flaster Greenberg PC

Trends in Arbitration Agreements

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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

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