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Posts Tagged ‘Federal Arbitration Act Litigation Procedure’

The Businessperson’s Federal Arbitration Act FAQ Guide III: Pre-Award Litigation under Chapter 1 of the Federal Arbitration Act—Gateway Disputes about Whether Arbitration Should Proceed (Part II)

February 4th, 2020 Arbitrability, Arbitrability | Clear and Unmistakable Rule, Arbitrability | Existence of Arbitration Agreement, Arbitration Agreements, Arbitration and Mediation FAQs, Arbitration as a Matter of Consent, Arbitration Law, Arbitration Practice and Procedure, Authority of Arbitrators, Businessperson's FAQ Guide to the Federal Arbitration Act, Enforcing Arbitration Agreements, FAA Chapter 1, FAA Preemption of State Law, Federal Arbitration Act Enforcement Litigation Procedure, Federal Arbitration Act Section 2, Federal Arbitration Act Section 3, Federal Arbitration Act Section 4, Federal Policy in Favor of Arbitration, First Principle - Consent not Coercion, Gateway Disputes, Gateway Questions, McCarran-Ferguson Act, Moses Cone Principle, Practice and Procedure, Pre-Award Federal Arbitration Act Litigation, Presumption of Arbitrability, Procedural Arbitrability, Questions of Arbitrability, Small Business B-2-B Arbitration, Stay of Litigation, Substantive Arbitrability 2 Comments »
gateway disputes

Gateway disputes, which concern whether parties are required to arbitrate a dispute on the merits, are the principal subject of pre-award Federal Arbitration Act litigation. In the last segment of this series, Gateway Disputes about Whether Arbitration Should Proceed (Part I), we answered a number of FAQs concerning gateway disputes, including who gets to decide those disputes:  

  1. What is the Difference between Pre-Award and Post-Award Litigation under the Federal Arbitration Act?
  2. What are Gateway Questions?
  3. Who Decides Gateway Questions?
  4. How do Parties Clearly and Unmistakably Agree to Submit Questions of Arbitrability to Arbitrators?
  5. Are there any Arbitrability Disputes that Courts Decide when the Contract at Issue Clearly and Unmistakably Provides for the Arbitrator to Decide Questions of Arbitrability?

Today we’ll answer some more FAQs about how gateway disputes are decided (or at least are supposed to be decided) by courts and arbitrators:

  1. What is the Presumption of Arbitrability?
  2. Does the Presumption of Arbitrability Apply to all Questions of Arbitrability?
  3. What Law Applies to Determine Gateway Disputes about Arbitrability to which the Presumption of Arbitrability does not Apply?
  4. How is Presumption of Arbitrability Applied to Resolve Gateway Questions about the Scope of an Arbitration Agreement?
  5. What Defenses, if any, Can Parties Assert against Enforcement of an Arbitration Agreement, and what Law Governs these Defenses?

The answers to these questions, along with the answers provided in Part I, will provide you with a solid foundation for understanding how pre-award Federal Arbitration Act litigation works and what to expect if your business is or becomes embroiled in it. The next segment will answer FAQs about the nuts and bolts of pre-award Federal Arbitration Act practice and procedure under Sections 2, 3, and 4 of the Act.

What is the Presumption of Arbitrability?

Back in 1983 the U.S. Supreme Court, in the landmark decision Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24-25 (1983), famously declared that “[t]he [Federal] Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.” 

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The Loree Law Firm Launches Federal Arbitration Act Litigation Website and Federal Arbitration Act Litigation Procedure Blog

December 22nd, 2014 Loree & Loree Arbitration-Law Blogs Comments Off on The Loree Law Firm Launches Federal Arbitration Act Litigation Website and Federal Arbitration Act Litigation Procedure Blog

This week Loree & Loree launched its Federal Arbitration Act Litigation Website and Federal Arbitration Act Litigation Procedure Blog. The website is designed to highlight the services Loree & Loree offers as respects representing individuals, businesspersons and business entities in Federal Arbitration Act litigation in federal and state courts as part of our arbitration and arbitration law practice. It also, however, sets forth some general information about arbitration law and the Federal Arbitration Act, which may be useful or at least of interest to persons who may never have a need to engage our services. And the blog of course, is designed to impart yet more general information of interest pertinent to Federal Arbitration Act litigation procedure.

Some Useful Information on the  Federal Arbitration Act

Here’s a list of Federal Arbitration Act Litigation Website pages that provide some information about Federal Arbitration Act litigation:

  1.  Arbitration Law and Why it’s so Important
  2.  The Federal Arbitration Act
  3.  Purposes and Objectives of the Federal Arbitration Act
  4.  Federal Arbitration Act Litigation

 

Readers may already know that Loree & Loree has, since the first half of 2009, a firm website, which can be accessed at http://www.loreelawfirm.com. It is the site to which this blog, the Loree Reinsurance and Arbitration Law  Forum,is attached, which is why the URL is http://www.loreelawfirm.com/blog.

Earlier this month we added the Arbitration Award Enforcement Practice Website to highlight the award enforcement services we provide clients as part of our arbitration and arbitration law practice, and, as part of  that site, launched the Arbitration Award Practice Blog, which we discussed in our last Forum post, here. Our new  Federal Arbitration Act Litigation Website, and its accompanying Federal Arbitration Act Litigation Procedure Blog serves similar purposes, but with a focus that is both broader and narrower than Arbitration Award Enforcement Practice Website and its Arbitration Award Practice Blog.

Federal Arbitration Act Litigation Website and Blog

Compared to Arbitration Award Enforcement Practice Website and Blog

The Federal Arbitration Act Litigation Website and the Federal Arbitration Act Litigation Procedure Blog are broader in the sense that they concern not only the indirect enforcement of arbitration agreements by enforcing awards (enforce means to give effect to, so vacating an award in whole or in part is as much a part of the enforcement process as confirming it), but also concerns the direct enforcement of arbitration agreements through petitions and applications to compel arbitration, stay litigation, appoint arbitrators and enforce arbitral subpoenas. They are also narrower in focus because they are principally directed at Federal Arbitration Act governed agreements and awards, rather than also including awards or agreements governed by Section 301 of the Labor Management Relations Act or by state arbitration law only.

The Federal Arbitration Act Litigation Procedure Blog is even narrower than its companion website because it is focused on the procedural aspects of Federal Arbitration Act litigation. We’ve discussed Federal Arbitration Act litigation procedure in this blog before, but it is one of those subjects that is not only critically important to anyone seeking relief under the Federal Arbitration Act in federal or state court, but one about which many lawyers seem to know very little. And that’s unfortunate because Federal Arbitration Act litigation has more than its fair share of procedural land mines.

Like the Arbitration Award Practice Blog, the Federal Arbitration Act Litigation Procedure Blog will use a “Nuts & Bolts” or “FAQs” format. Our goal is to publish plain-English articles addressing pertinent arbitration-law related topics. Generally, extensive background knowledge will not be presumed, although having at least some knowledge of litigation-procedure basics will certainly help readers to appreciate more fully some of the finer points raised. The goal is to publish articles that will appeal to an audience whose experience with arbitration and arbitration law covers a broad spectrum.

 

Enjoy!