Category: FAA
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“Naked” Arbitration: Should You Go “Bare”?
By Leslie King O’Neal What is “Bare” Arbitration? This post is not discussing holding arbitrations in one’s birthday suit! Rather, it discusses the pros and cons of non-administered or ad hoc arbitrations, where the parties and the arbitrators establish and administer the entire process, without relying on an arbitral organization such as AAA or JAMS.
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What Conduct Waives Arbitration Rights?
By Leslie King O’Neal Arbitration Rights Can Be Waived By Conduct Arbitration agreements are irrevocable, but parties can waive the right to arbitrate by participating in litigation. What kind of conduct leads to waiving arbitration rights? Is filing a motion to dismiss ok? Can defendants keep arbitration in reserve in case the court doesn’t dismiss
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FAA or State Arbitration Law?
Which Applies & When? By Leslie King O’Neal The 100-year-old Federal Arbitration Act[i] (“FAA”)[ii] applies to all written agreements to arbitrate disputes involving interstate commerce, which is broadly defined.[iii] But SCOTUS cases interpreting the FAA have created confusion about whether the FAA or state arbitration law applies when there is a transaction involving interstate
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The Legends of St. Patrick & Arbitration Discovery
By Leslie King O’Neal In honor of St. Patrick’s Day, a bit about him and his legends (and the legend of arbitration discovery too)! St. Patrick’s Legends Legends abound about St. Patrick, Ireland’s patron saint (who wasn’t born in Ireland). According to one legend, St. Patrick drove the snakes from the Emerald Isle. However, like
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Happy 100th Birthday, FAA!
By Leslie King O’Neal On February 12, 1925, President Calvin Coolidge signed the Federal Arbitration Act (“FAA”)[i] into law. The FAA made written arbitration agreements in “maritime transactions” or contracts “evidencing a transaction involving commerce” “valid, irrevocable and enforceable.” A bare-bones statute that doesn’t even include a definition of arbitration, the FAA has become a
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Who’s Coming to Arbitration? Arbitrating with Non-Signatories.
By Leslie King O’Neal Arbitrating with a party who did not sign an arbitration agreement is counter intuitive to many lawyers. It’s commonly known that commercial arbitration is a creature of contract; parties cannot be forced to arbitrate disputes without a written arbitration agreement. But, as with many legal rules, this one has several exceptions.
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