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Welcome to the Arb Law Arbitration Blog! Here, you will find the latest posts covering topics relevant to both businesses involved in arbitration and arbitration practitioners.
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Eleventh Circuit: Breach of AAA Rules Bars Compelling Arbitration
6–9 minutesIn Merritt Island Woodwerx, LLC v. Space Coast Credit Union [1], the United States Court of Appeals for the Eleventh Circuit had to decide whether an arbitration agreement referring to the American Arbitration Association’s Consumer Rules is… Read more
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Second Circuit: Article II, Section 3 of the New York Convention Is Self-Executing
5–8 minutesIn Certain Underwriters at Lloyd’s v. 3131 Veterans [1], the Court of Appeals for the Second Circuit reversed its precedent that Article II, Section 3 of the Convention on the Recognition and Enforcement of Foreign Arbitral… Read more
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Manifestly Rejected: Fifth Circuit Shuts Door on Expanded Vacatur
5–8 minutesIn US Trinity Energy Services v. Southeast Directional Drilling [1], the United States Court of Appeals for the Fifth Circuit had to decide whether an arbitration award may be vacated on the grounds of excess of… Read more
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Fourth Circuit: Consumer Arbitration and High Threshold for Unconscionability
9–14 minutesIn Meadows v. Cebridge Acquisition, LLC, the United States Court of Appeals for the Fourth Circuit had to decide whether an arbitration agreement included in an adhesive contract concluded with the consumer is unconscionable and, thus,… Read more
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Eleventh Circuit: Subrogated Insurers Must Arbitrate as Third-Party Beneficiaries
5–7 minutesIn Various Insurers v. GE [1], the United States Court of Appeals for the Eleventh Circuit had to decide whether subrogated insurers, reinsurers, and retrocessionaires were bound by an arbitration agreement as third-party beneficiaries. The Eleventh… Read more
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Tangled and Confirmed. The Fifth Circuit’s Take on Inconsistent Awards
9–14 minutesIn Sullivan v. Feldman [1], the United States Court of Appeals for the Fifth Circuit had to decide whether inconsistent awards may be all confirmed when the parties’ arbitration agreement granted broad powers to the arbitrators… Read more
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Consolidation in Mass Arbitration—Ninth Circuit Affirms
6–8 minutesIn Jones v. Starz Entertainment, LLC, the United States Court of Appeals for the Ninth Circuit considered whether consolidation of mass arbitration proceedings over an objection of a plaintiff amounts to a refusal to arbitrate… Read more
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Document Production: Adapting Schedules to an ESI-driven Reality (Part 1)
7–11 minutesIt can be stated that nowadays almost all documents are electronically stored information (“ESI”), even if they have been at some point executed in a non-electronic form [1]. Clients send documents to their lawyers via… Read more
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When Arbitral Institutions Disappear—Lessons from the Fifth Circuit on Arbitration Clause Enforcement
7–11 minutesIn Baker Hughes Saudi Arabia Co. v. Dynamic Industries, Inc. [1], the United States Court of Appeals for the Fifth Circuit decided what happens to an arbitration clause pursuant to which the parties chose to… Read more
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U.S. Supreme Court to Rule on FSIA and Minimum Contacts
9–13 minutesOn March 3, 2025, the United States Supreme Court will hear arguments in the cases of CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd. [1], and Devas Multimedia Private Ltd. v. Antrix Corp. Ltd. [2] The… Read more
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