Arbitration Lessons From State Courts

Liz Kramer at Arbitration Nation has compiled a thorough blog post that examines a number of arbitration decisions that were handed down by various state high courts in recent months. Her post, entitled The Next Frontier of Arbitration Litigation: Lessons From State Courts, addresses preemption, authority, non-signatories, enforceability, the parties’ intent to agree, and appeals.  According to Ms. Kramer:

After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share.  First, that is not the best way to spend your summer vacation, even for a devoted arbitration nerd.  And second, there are arbitration issues percolating in state courts that counsel practicing in this area should be aware of.  In particular, state courts are: 1) working hard to avoid having the FAA preempt their developed defenses to arbitration clauses; and 2) confronting a lot of issues relating to whether there is an agreement to arbitrate at all (especially authority issues in nursing home settings).

Disputing would like to invite you to go check it out!