In Coinbase v. Suski, 610 U.S. __ (May 23, 2024) (“Coinbase”), SCOTUS resolved a very narrow legal question based upon a highly specific factual scenario. The parties entered into two contracts. Read More
On April 12, 2024, in Bissonnette v. LePage Bakeries St., LLC (“Bissonnette”), the U.S. Supreme Court unanimously resolved a split in the U.S. Courts of Appeal concerning the scope of the exemption in Section 1 of the Federal Arbitration Act (“FAA”) for "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Read More
Arbitration practitioners and neutrals alike are familiar with the abundant case law setting a high bar for losing parties seeking to avoid enforcement of a foreign arbitration award under the New York Convention. Read More
While hunkering down and avoiding freezing weather, the Aardvark came across an important arbitration case where the Supreme Court granted certiorari on January 12 of this year Read More
Artificial intelligence (“A.I.”) is the hot topic of the day. A.I. holds the potential to dramatically change our lives - for better or worse - as it rapidly develops and is implemented in new ways. Read More
As part of its continuing “debunkery” mission to set the record straight about the advantages that commercial arbitration offers over litigation, the Aardvark asks and answers the following two questions. Read More
Mediations is often successful in clarifying and resolving some of the disagreements between the parties, but after 90% of the work is done, an impasse may arise that threatens to derail the prospects of settlement. Read More
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
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
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
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