by Lionel M. Schooler, FCIArb Jackson Walker LLP1 INTRODUCTION. In Myers v. Papa Texas LLC, 2026 WL 394071 (10th Cir. Feb. 12, 2026), the United States Court of Appeals for the Tenth Circuit addressed the rare issue of the potential consequences to an arbitration proponent for failing to comply with an arbitral organization’s requirements and […]
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INTRODUCTION. In Town of Vinton v. Indian Harbor Ins. Co., 161 F.4th 282 (5th Cir. 2025), the United States Court of Appeals for the Fifth Circuit addressed a significant question about the scope and breadth of equitable estoppel in determining arbitrability, including the potential impact upon applicable law of the involvement of parties potentially covered […]
INTRODUCTION. In Pott v. World Capital Properties, Ltd., ____ F.4th ____, 2025 WL 2719789 (11th Cir. Sept. 24, 2025), the United States Court of Appeals for the Eleventh Circuit addressed the question of the scope and breadth of a clause pertaining to an agreement to arbitrate pursuant to the New York Convention. BACKGROUND. In 2010, […]
Introduction. In Nathaniel Silva et al v. Schmidt Baking Distribution, LLC and Schmidt Baking Com-pany, Inc., ____ F.4th ____, 2025 U.S. App. LEXIS 33347 (2nd Cir. Dec. 22, 2025), the United States Court of Appeals for the Second Circuit addressed the question of the scope and breadth of Section 1 of the Federal Arbitration Act. […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Frazier v. X Corporation, _____ F.4th ____, 2025 WL 2502133 (2d Cir. 2025), the United States Court of Appeals for the Second Circuit addressed the issue of payment of arbitral service provider fees, specifically whether that issue is decided by a court or the Arbitrator. […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Employers’ Innovative Network, LLC v. Bridgeport Benefits, Inc., 144 F.4th 571 (4th Cir. 2025), the United States Court of Appeals for the Fourth Circuit addressed the status of arbitral challenges at several stages of the proceedings, pointing out along the way that a lower court’s […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Guardian Flight LLC v. Medical Evaluations of Texas, 140 F.4th 613 (5th Cir. 2025), the United States Court of Appeals for the Fifth Circuit confronted for the first time the scope, applicability and interplay of the Independent Dispute Resolution process (“IDR”), established by the so-called […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Yanez v. Dish Network, LLC, _____ F.4th _____, 2025 WL 1671611 (5th Cir. 2025), the United States Court of Appeals for the Fifth Circuit confronted for the first time the scope and applicability of the Supreme Court’s recent decision in Smith v. Spizzirri, 601 U.S. […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Certain Underwriters of Lloyds, London v. 3131 Veterans Blvd LLC, _____ F.4th _____, 2025 WL 1335829 (2d Cir. 2025), the United States Court of Appeals for the Second Circuit confronted the question of the interplay between state laws barring arbitration of insurance claims and the New […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Fu Jing Wu v. Chun Liu, 131 F.4th 1295 (11th Cir. 2025), the United States Court of Appeals for the Eleventh Circuit recently addressed a question rarely encountered at the appellate level: the interplay between arbitration and appellate jurisdiction in the context of a removed […]
