Federal Appellate Arbitration Rulings

Tom Stipanowich has called the recent Supreme Court arbitration rulings the “Third Trilogy.”  The Circuit Courts of Appeals appear to be having trouble interpreting these influential holdings, and are coming up with awkward and inconsistent guidance.

Courts of Appeal for at least six Circuits have weighed in during the past 60-90 days on questions raised by Stolt-Nielsen, Concepcion and Rent-a-Center.  These include the Eighth (Rent-a-Center, delegation, severability), the Second (Concepcion, pre-emption, class action waiver of statutory claims), the Eleventh (Rent-a-Center, delegation, effect of “any issue” language), the Ninth (Concepcion, waiver, pre-emption), the Fifth (Stolt-Nielsen, Concepcion, class waiver, effect of “any dispute” language) and the Third (Stolt-Nielsen, class action waiver, effect of “any dispute” language).  And state courts are all over the map..

The ABA Annual Meeting will feature a panel on the progeny of these rulings, featuring Judge William Highberger of Los Angeles Superior Court, AAA General Counsel Eric Tuchmann, arbitrator Edna Sussman and appellate attorney and Mayer Brown partner Archis Parasharami.  It’s scheduled for Friday, August 3 at 10:30 a.m. and I will be moderating.  I encourage all to attend.

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