An arbitration blog by Prof. Imre Szalai
Last week, the Court granted cert to decide whether a bankruptcy court can override the FAA. The case is Goldman Sachs Bank USA v. Brown (No. 25-1408). When a creditor allegedly violates the automatic stay of the Bankruptcy Code, who Continue Reading
I recently finished writing an article exploring the parallel development of plea bargaining and arbitration in the US: “A Judicial Odyssey: Arbitration, Plea Bargaining, and the Return of Judicial Legitimacy,” which the Pepperdine Dispute Resolution Law Journal will publish next Continue Reading
The Supreme Court this week GVR’d an arbitration case involving jurisdictional issues. In this case, Burford German Funding v. Financialright Claims GMBH, the Court granted certiorari, vacated a Third Circuit decision, and remanded for further consideration in light of the Continue Reading
The Second Circuit recently issued an important decision interpreting the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). When a plaintiff properly invokes this law, does the arbitration exception cover only the sexual harassment claim, the entire Continue Reading
Earlier today, the Court issued its decision in Jules v. Andres Balazs Properties, No. 25-83 (May 14, 2026) (click here for a copy of the decision). In a nutshell, the Court held that federal courts staying cases under section 3 Continue Reading
Can a business entity qualify for the FAA’s transportation worker exemption? Yes. Earlier this week, the Second Circuit held that a distribution agreement signed by a corporate entity can qualify as a “contract of employment” under the transportation worker exemption Continue Reading
The Tenth Circuit recently interpreted the scope of an arbitration clause in a Chase bank account agreement, and in a divided opinion, the Tenth Circuit found that the customer’s claims, including racial discrimination claims, were covered by the arbitration clause. Continue Reading
The Supreme Court granted review earlier today in another FAA case. If a federal court stays an action pursuant to section 3 of the FAA, does the court have subject matter jurisdiction to confirm or vacate an award issued by Continue Reading
Under the principles that have developed from the Federal Arbitration Act, courts generally decide arbitrability matters, unless there is “clear and unmistakable” evidence the parties delegated arbitrability issues to the arbitrator. What counts as a “clear and unmistakable” delegation? A Continue Reading
The American Arbitration Association (AAA) announced last week that it is about to roll out an AI arbitrator. At first, this AI arbitrator will be used for documents-only, construction disputes, but next year, the AAA anticipates using the AI arbitrator Continue Reading