ABSTRACT: In the final issue of MAR's inaugural year, we look at a collection of cases building on both recent trends and breaking new ground in the U.S. arbitration law. First, we review the Fifth Circuit's decision to stay away from compelling a party to pay its share of the arbitral costs and fees. In a down economy, the topic is particularly important. Second, we look at the effects of the sovereign immunity of the American Indian Tribes on an arbitration clause. It appears sovereign immunity can apply with equal force both domestically and internationally. Third, we go back to the Tenth Circuit to discuss the proper means for triggering appellate jurisdiction when moving the district court to compel arbitration. The answer is question of technicality and specificity in writing. Finally, we consider the latest in a line of cases on the future of manifest disregard. The Tenth Circuit is latest court to chime in by trying to dodge the question.
Revista Brasileira de Arbitragem