The Dough Is Still Rising: Flowers Foods v. Brock and the FAA’s Worker-in-Interstate-Commerce Exemption

by Andrew Flake

Small confession: I’ve never been served, tasted, or even heard of a “Krimpet.” When I first came across the term this week, it was from, of all places, a May 28 opinion from the United States Supreme Court. The opinion dealt with whether a...

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Ordering off the Menu: Georgia Supreme Court Clarifies When Equitable Estoppel Applies to Compel Non-Party to Arbitrate

by Andrew Flake

Arbitration is a creature of contract. The principle is familiar enough to state in a breath: no party is bound to arbitrate a dispute it has not agreed to arbitrate. The harder questions live at the margins — and one of them is when,...

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Unwrapped and Unboxed: 3rd Circuit Gives Functional Read to FAA Section 1 “Contracts of Employment

by Andrew Flake

I'll confess to being a gadget person, interested in any new bit of technology or device, whether for home, office, or travel, and my family's stocking stuffer items for me usually reflect that. Last year, it was a pineapple slicing tool, this year, a...

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Jurisdictional Anchors Aweigh: Supreme Court to Resolve Circuit Split on Post-Badgerow Jurisdictional Question

by Andrew Flake

Just last Friday, the Supreme Court took up review of an arbitration question with enormous implications for where, in state courts or federal district courts, certain applications to confirm arbitration awards will need to be filed.

First, the background. Before a...

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Georgia Supreme Court Defines “Prejudice” For Purposes of GAA Arbitration-Award Challenges

by Andrew Flake

In a case of first impression, the Georgia Supreme Court has elaborated on the meaning and proof of "prejudice" in challenges to arbitration awards brought under the Georgia Arbitration Act (GAA). challenging arbitration awards.

The arbitration at issue in Docs...

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An Ounce of Prevention: Eleventh Circuit Assesses “Default” Under Section 3 of the FAA

by Andrew Flake

Where a party wishes to take advantage of its contractual right to arbitrate, it cannot act inconsistently with that right. And that includes compliance with the administrative and policy determinations of the administering arbitral institution. So the Eleventh Circuit held recently in Merritt Island...

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Generative Artificial Intelligence (GenAI) in Arbitration: Technology and First Principles

by Andrew Flake

Last week I attended an excellent conference, a gathering of AAA-IDCR arbitrators from across the country, and much of our discussion was AI-focused. And for good reason: the integration of generative artificial intelligence (GenAI) into arbitration, by both arbitrators and advocates, represents more...

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