Alternative Dispute Resolution: Litigation Arbitration Slows as Mediation Becomes More Popular
Date
2010
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
While litigation about arbitration calmed in the Fifth Circuit, following to recent Supreme Court decisions clarifying, or narrowing, challenges and to an overall reduction in case dispositions in the Circuit, U.S. Supreme Court activity overshadowed that apparent calm. There, important issues were decided and, as respects AT&T Mobility LLC, were taken up for the Court's October 2010 Term. Whether class actions can be conducted in arbitration and whether class action waivers are protected with arbitration "super-clause" status drew in the titans. Reviews how the Supreme Court is still wrangling with the scope of judicial review of arbitration awards.
Description
Keywords
Supreme Court continues to support arbitration, Class arbitration, Stolt-Nielsen S.A. v. AnimalFeeds International Corp., AT&T Mobility LLC v. Concepcion, Standard of review for vacatur under ยง 10(a)(4), Allocation of power between courts and arbitrators, Fifth circuit follows Supreme Court pro-arbitration policy, Post-arbitration motions for vacatur
Citation
Donald R. Philbin Jr., Audrey L. Maness, and Philip J. Loree Jr., Alternative Dispute Resolution: Litigation Arbitration Slows as Mediation Becomes More Popular, 43 Tex. Tech L. Rev. 757 (2010-2011)