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Appeals Court Swats Party Who Cheated in Arbitration

t has been a while since you heard from me, but a recent case caught my attention. In Nuvasive, Inc. v. Absolute Medical, LLC, No.22-10214, the 11th Circuit affirmed a district court’s decision to overturn an arbitration award more than three months after the statutory deadline to challenge the award.  Read More

By The CCA Aardvark
CCA Blogs

SCOTUS Requires Stay of Proceedings Pending Interlocutory Appeals of Orders Denying Arbitration

Section 16(a) of the Federal Arbitration Act (“FAA”) authorizes an interlocutory appeal from a federal district court order denying a motion to compel arbitration. On Friday, June 23, 2023, a sharply-divided U.S. Supreme Court ruled in Coinbase, Inc. v. Abraham Bielski (No. 22–105) that if such an interlocutory appeal is filed, the order denying the motion to compel arbitration must be stayed pending the outcome of the appeal. Read More

By The CCA Aardvark
CCA Blogs

Select Your Dispute Decision-Maker!

Commercial arbitration offers disputants distinct advantages that are not available in court. The principal one is party autonomy and self-determination. Nothing illustrates that concept better than the disputants’ ability in commercial arbitration to select the person who will hear and decide their dispute. Read More

By The CCA Aardvark
Articles by Fellows

Sanctions in Commercial Arbitration

As a matter of practice, arbitrators rarely impose sanctions, although sometimes the need arises. This article discusses the tools arbitrators can use to respond to sanctionable behavior in arbitration. Read More

By Richard L. Mattiaccio and David C. Singer

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