Month: February 2026
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Does (Font) Size Matter?
By Leslie King O’Neal Is an Illegible Arbitration Agreement Enforceable? The FAA requires arbitration agreements to be in writing.[i] But, does the writing have to be legible? Is an unreadable arbitration agreement enforceable? In Fuentes v. Empire Nissan, Inc.[ii] the California Supreme Court considered whether illegibility constitutes substantive or procedural unconscionability. For more about the
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“Peacemakers-in-Chief”: POTUS and ADR
By Leslie King O’Neal In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation. George Washington’s Will Had an Arbitration Agreement Even in the early days of the United States, arbitration was a favored method to resolve disputes. The Father of Our Country included an
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Is “Manifest Disregard of Facts” Grounds to Vacate Arbitration Award?
By Leslie King O’Neal 9th Circuit Says “Manifest Disregard of Facts” Can Be Grounds to Vacate Can a court vacate an arbitration award if the arbitrator manifestly disregards undisputed facts?” Simply reading FAA §10[i] would indicate “no” but a recent 9th Circuit opinion opens the door for this as grounds to vacate. Noting the FAA’s
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