Arbitration Roundup: Independence Day Edition
by Andrew Flake
We have some recent arbitration-related decisions to review in today's blog, a group we might describe, coming out of the Fourth of July holiday, as a few Georgia sparklers and, from the Eleventh Circuit, one firework of first...
And Enjoy Your New Yacht: Staying True to Course, Eleventh Circuit Reaffirms Limits of “Exceeding Powers” Arbitration Award Vacatur
by Andrew Flake
For a family vacation last week, we spent time in the Caribbean, with its sweeping vistas of sky and ocean, and ships large and small catching trade winds in their sails. Naturally, when I came across a...
Is Arbitration “Just Like” Litigation? Some Challenges to Conventional Wisdom
by Andrew Flake
I will occasionally hear, including from some very seasoned litigators and trial lawyers, that arbitration is “just like” litigation. Is that really true? I suppose, In the sense that they are both proceedings that...
“Flora-Bama,” “Floribama,” and a Comparative Look at ADR
by Andrew Flake
You read certain appellate opinions and just know they were fun to write, and so it is with a trademark dispute, simmering over the past five years, involving a famous bar and an MTV reality television series...
Under New York Convention, Separate Service of Summons not Required to Confirm Award
by Andrew Flake
Certain cases can be useful because of their technical guidance; they address nuts-and-bolts issues. In the international arbitration realm, one of those issues is the process of taking an arbitration award and getting it confirmed, or converted...
The Availability of an “Exceeding Powers” Challenge to the International Arbitration Award: 11th Circuit to Revisit Longstanding Precedent
by Andrew Flake
One of the questions that continues to come up in international arbitrations, where they touch U.S. courts, is how Sections 1 and 2 of the Federal Arbitration Act work together. Generally, Section 1 applies to domestic arbitrations -- ones between...
58 years is a good run: In ZF-Automotive, the Supreme Court Curtails Discovery Options for International Arbitration
by Andrew Flake
Visiting for a close friend's wedding, I had a chance this weekend to walk around the beautiful mountain community of Black Mountain, North Carolina. There's a little pond there, "Lake Susan," fed by mountain springs, that a local told me...
AAA’s 2022 Arbitration Rule Revisions: Upgrades to the ADR Operating System
by Andrew Flake
Apple held its annual product launch this week, announcing a new iPhone and other updated products with the company's usual marketing panache. Less heralded, though perhaps more relevant to those of us in the...
On Appeal of FINRA Arbitration Award, Investors Out of Money and Out of Luck
by Andrew Flake
Especially on appeal, courts are selective about which facts to include in opinions. For reasons both of style and precedential value, they may omit facts, even ones the lawyers might consider crucial.
Poker, Peru, and Promptness in International Arbitration Challenges
by Andrew Flake
In discussing our litigated disputes, we will often borrow phrasing from the world of poker. And it is true that the game, with its mix of tactics in play and chance in the draw, invites some comparison:...