Earlier this week, the Fifth Circuit handed down an opinion reversing a decision from the Eastern District of Louisiana which had vacated an arbitral award (link is to .pdf file). The underlying case was a securities fraud action against a stock broker, which the Plaintiffs arbitrated under protest, having challenged the arbitrability of the case from the outset. The District Court, however, forced the parties to arbitrate, and the Defendant stok

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The Eastern District of Texas blog is one of our favorites. Today, Michael Smith posted about a district judge’s decision to refuse to compel arbitration on the basis that the party seeking to arbitrate had waived that right by participation in the underlying litigation. We’ve discussed waiver as a defense to arbitration before. It will be interesting to see what, if anything, comes of this. Technorati Tags: arbitration, ADR, law

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