Those who agree to arbitration expose themselves to potential awards of attorney’s fees in cases where courts would likely not award fees. If you’re a small business or an individual there’s a good chance you’re not fully familiar with certain of the risks associated with arbitration. Clients frequently consult with me when they find themselves […] The post Some Things to Consider Seriously Before You Agree to Arbitrate: An Arbitration Award may Direct You to Pay Your Adversary’s Attorney’s Fees appeared first on The Arbitration Law Forum ..read more

Introduction: Delegation Provisions and Modern Perfection Delegation provisions clearly and unmistakably assign arbitrability determinations to arbitrators, which means they provide for arbitrators to decide arbitrability-related disputes. Coinbase v. Suski, 602 U.S. 143 (2024) set forth the allocation of power between courts and arbitrators for four “orders” of arbitrability-related disputes: A “first order” dispute is “[a] contest […] The post Modern Perfection, LLC v. Bank of America: Fourth Circuit Says Arbitrator gets to Decide which of Two Contracts’ Conflicting Dispute Resolution P ..read more

Questions about venue transfer under 28 U.S.C. Section 1404(a) of Section 9 or 10 petitions to confirm or vacate arbitration awards may require determination of where the award was made. Particularly in today’s world of virtual hearings, determining where an arbitration award is made can raise questions. In Citizens Bank v. Magleby, 24 Civ. 4827 […] The post Transfer of Venue under 28 U.S.C. Section 1404(a) in an Arbitration Conducted Virtually: An Arbitration Award is Made at the Arbitral Seat, Which is Determined by the Parties’ Agreement appeared first on The Arbitration Law Forum ..read more

Severability of Limitations Provision: Introduction A defense to a motion to compel arbitration is that the arbitration agreement on which the movant relies is, as a matter of arbitration-neutral state law, void or unenforceable on public policy grounds. (See, e.g., here.) But if only one term or provision of an arbitration agreement is unenforceable on […] The post Unlawful Limitations Period Provision Renders Arbitration Agreement Unenforceable Says South Carolina Supreme Court appeared first on The Arbitration Law Forum ..read more

Will the Seventh Circuit reverse the judgment in the UpHealth case? In our October 7, 2024, post, “Can a Court under Section 10(a)(4) Overturn an Award Because it was Based on a Clear Mistake of Historical Fact or a Conceded Nonfact?”, we discudssed UpHealth Holdings, Inc. v. Glocal Healthcare Sys. PVT, No. 24-cv-3778, slip op. […] The post Overturning Arbitration Awards based on Clear Mistakes of Historical Fact or Conceded Nonfacts: Some Further Thoughts (Part IV): Will the Seventh Circuit Reverse the UpHealth District Court? appeared first on The Arbitration Law Forum ..read more

CPR Interview Do you want to learn more about the Heckman mass arbitration case? As readers may know, over the last four years or so, our friend and colleague Russ Bleemer, Editor of Alternatives to the High Cost of Litigation, Newsletter of the International Institute for Conflict Prevention and Resolution (CPR) (“CPR Alternatives”), has hosted […] The post International Institute for Conflict Prevention and Resolution (CPR) Interviews Professor Angela Downes, Richard D. Faulkner, and Philip J. Loree Jr. about the Heckman v. Live Nation Entertainment Ninth Circuit Mass Arbitration Decision ap ..read more

In our October 7, 2024, post, “Can a Court under Section 10(a)(4) Overturn an Award Because it was Based on a Clear Mistake of Historical Fact or a Conceded Nonfact?”, we discussed UpHealth Holdings, Inc. v. Glocal Healthcare Sys. PVT, No. 24-cv-3778, slip op. (N.D. Ill. Sept. 24, 2024), which granted partial vacatur of an […] The post Overturning Arbitration Awards based on Clear Mistakes of Historical Fact or Conceded Nonfacts: Some Further Thoughts (Part III) appeared first on The Arbitration Law Forum ..read more

In our October 7, 2024, post, “Can a Court under Section 10(a)(4) Overturn an Award Because it was Based on a Clear Mistake of Historical Fact or a Conceded Nonfact?”, we discussed UpHealth Holdings, Inc. v. Glocal Healthcare Sys. PVT, No. 24-cv-3778, slip op. (N.D. Ill. Sept. 24, 2024), which granted partial vacatur of an […] The post Overturning Arbitration Awards based on Clear Mistakes of Historical Fact or Conceded Nonfacts: Some Further Thoughts (Part II) appeared first on The Arbitration Law Forum ..read more

In our October 7, 2024, post, “Can a Court under Section 10(a)(4) Overturn an Award Because it was Based on a Clear Mistake of Historical Fact or a Conceded Nonfact?”, we promised  some further analysis of UpHealth Holdings, Inc. v. Glocal Healthcare Sys. PVT, No. 24-cv-3778, slip op. (N.D. Ill. Sept. 24, 2024), the principal […] The post Overturning Arbitration Awards based on Clear Mistakes of Historical Fact or Conceded Nonfacts: Some Further Thoughts (Part I) appeared first on The Arbitration Law Forum ..read more

Can a court vacate an award because it was based on a clear mistake of historical fact or on a conceded nonfact? Some might consider that question to be fighting words, but it is one that the U.S. Court of Appeals for the Seventh Circuit may ultimately answer if an appeal of the UPHealth Holdings, […] The post Can a Court under Section 10(a)(4) Overturn an Award Because it was Based on a Clear Mistake of Historical Fact or a Conceded Nonfact?  appeared first on The Arbitration Law Forum ..read more