Parties to arbitration agreements sometimes invoke the judicial system to litigate collateral issues arising out of the arbitration process, such as arbitrability of some or all of the claims, arbitrator bias, and award enforcement or vacatur. When deciding these collateral issues arising out of securities arbitration, courts interpret and apply the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (2010) (FAA). In this chapter, we identify recent judicial decisions in the area of arbitration law, and analyze their impact on securities arbitration practice.
Jill I. Gross & Christopher Bloch, Arbitration Case Law Update 2011, in Securities Arbitration 2011 (PLI Course Handbook, June 7, 2011), http://digitalcommons.pace.edu/lawfaculty/1042.