Litigating Alternative Dispute Resolution in the Fifth Circuit

Date

2008

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Tracks arbitration challenges as they would appear in a lawsuit by dealing first with opinions regarding jurisdiction and arbitrability, and then addressing judicial review of subsequent awards. Because Mattel has been so influential to the issue of judicial review, particularly in a circuit that followed a different rule for a decade, a significant portion of this Article is dedicated to that issue.

Description

Keywords

Alternative dispute resolution, Fifth Circuit, Manifest disregard, Federal court jurisdiction, Threshold issues of arbitration, Defenses to arbitration, Waiver, Dismissal vs. stays, Judicial review of arbitration awards, Federal Arbitration Act (FAA)

Citation

Donald R. Philbin, Jr. and Audrey Lynn Maness, Litigating Alternative Dispute Resolution in the Fifth Circuit, 41 Tex. Tech L. Rev. 739 (2008-2009)