Arbitration in Practice: A Comprehensive Guide to Alternative Dispute Resolution

44 questions on arbitration in practice, answered and cited by the UpLaw editorial team.

• Are class-action waivers enforceable in employment agreements?
• Can a company force me into individual arbitration and bar a class action?
• Can a court refuse to enforce an arbitration award on public-policy grounds?
• Can I appeal an arbitration award because the arbitrator got the law wrong?
• Can I be forced to arbitrate a sexual-harassment or sexual-assault claim?
• Can I escape a class-action waiver if arbitrating individually costs more than my claim is worth?
• Can I lose my right to arbitrate by litigating first?
• Does the FAA give federal courts jurisdiction to compel arbitration?
• Does the Federal Arbitration Act preempt state law?
• How are arbitrators selected?
• How does an arbitration begin, and what happens at the start of the case?
• How does document discovery work in arbitration?
• How do I compel arbitration when the other side files a lawsuit instead?
• How do I confirm an arbitration award into an enforceable judgment?
• How do I enforce an arbitration award against assets in another country?
• If I claim the entire contract is void or fraudulently induced, does a court or the arbitrator decide?
• Is arbitration confidential?
• Is arbitration faster and cheaper than going to court?
• On what grounds can a court vacate an arbitration award?
• Should an arbitration clause define its scope broadly or narrowly?
• What are an arbitrator's duties of independence, impartiality, and disclosure?
• What are the advantages of arbitration over litigation?
• What does Section 2 of the FAA — the savings clause — provide?
• What happened to California PAGA claims after Viking River Cruises v. Moriana?
• What happens at an arbitration hearing?
• What interim or emergency relief can a tribunal order?
• What is a delegation clause, and how binding is the arbitrator's decision under it?
• What is an arbitral award, and what forms can it take?
• What is arbitration?
• What is mass arbitration?
• What is separability in arbitration?
• What is the difference between an arbitration clause and a submission agreement?
• What is the difference between arbitration and mediation?
• What is the Federal Arbitration Act (FAA)?
• What is the New York Convention?
• What is the “seat” of an arbitration, and why does it matter?
• What is the UNCITRAL Model Law?
• What kinds of disputes can be arbitrated?
• What role do national courts play in arbitration — do they support it or supervise it?
• What should a well-drafted arbitration clause include?
• Which arbitral institution should I choose?
• Which law governs the arbitration agreement itself, and what did the UK Arbitration Act 2025 change?
• Which workers are exempt from the FAA under Section 1?
• Who decides whether a dispute is arbitrable — the court or the arbitrator?