David Gallo Co-authors Amicus Brief in Eleventh Circuit Case Regarding Standards for Vacating International Arbitration Awards

David Gallo, along with Glenn Hendrix of Arnall Golden Gregory LLP, authored an amicus brief urging the Eleventh Circuit Court of Appeals to uphold Circuit precedent barring courts from vacating international arbitration awards rendered in the U.S. under domestic vacatur standards. The amicus brief was submitted on August 15, 2022 on behalf of the Atlanta […]

U.S. Supreme Court: Federal Arbitration Act Does Not Apply to Employment Contracts of Airline Cargo Loaders

By R. David Gallo The U.S. Supreme Court issued an arbitration-related decision on June 6, 2022.  In Southwest Airlines Co. v. Saxon, No. 21-309, the Court weighed in on the scope of the Federal Arbitration Act’s Section 1 exclusion of certain employment contracts. Summary.  FAA Section 2 makes “valid, irrevocable, and enforceable” an agreement to […]

Choice-of-Law Clauses: Which Law(s) Are You Actually Choosing?

By R. David Gallo On April 18, 2022, the Eleventh Circuit Court of Appeals issued a decision in Gulfstream Aerospace Corp. v. Oceltip Aviation 1 Pty Ltd., — F.4th —, 2022 WL 1136990 (2022), affirming the district court’s confirmation of an arbitration award. Savannah, Georgia-based Gulfstream prevailed in AAA arbitration against Australia-based Oceltip in a dispute […]

The Supreme Court Further Limits Federal Courts’ Jurisdiction Over FAA Petitions

By R. David Gallo On March 31, 2022, the United States Supreme Court issued its decision in Badgerow v. Walters, No. 20-1143.*  Badgerow arose from an employment dispute between Louisiana parties.  That dispute involved one or more federal law employment claims.  Plaintiff (Claimant) Badgerow lost in arbitration and then petitioned a Louisiana state court to vacate the award.  […]

Can Arbitration “Prevent” Litigation?

By R. David Gallo Today, many lawyers and parties think of commercial arbitration as a way to “litigate” a matter cheaper, faster, and more privately than in court.  Indeed, while there are real differences between arbitrations and courts, modern commercial arbitration shares many important features with court litigation.  For example, the parties typically rely heavily […]

Georgia Court of Appeals Strictly Construes Requirement that Parties Must Initial Arbitration Clauses in Employment Contracts

By R. David Gallo On August 5, 2021, the Georgia Court of Appeals overturned a trial court’s decision to compel arbitration between a physician, Vasudeva, and his former employer, Georgia Brain & Spine Center.  Vasudeva v. Dagnew, 2021 WL 3417474 (Ga. App. Aug. 5, 2021).  The Court held that the arbitration agreement in Vasudeva’s employment contract […]

Georgia Court of Appeals Rules that “Speculation” About High Arbitration Fees is Not Enough to Resist Arbitration

By R. David Gallo Synopsis The Georgia Court of Appeals recently issued its decision in Omnitech Institute, Inc., et al. v. Norwood, 2021 WL 2643909 (June 28, 2021).  The case was on appeal from the Superior Court of Fulton County, which had denied Omnitech’s motion to compel arbitration against Norwood.  Norwood, a former Omnitech employee, had […]

For a Good Clause – Part I: The Who, What, When, Where, and How of Your Arbitration Agreement

By R. David Gallo In our K&H Arbitration Blog series “For a Good Clause,” we examine arbitration agreements through a variety of lenses to help you draft and select arbitration clauses that meet your business needs.  In this installment, we provide a list of questions that you can use to better craft and understand your arbitration […]

The Law Applicable to Your Arbitration in Georgia

The answer to your arbitration-related question may depend on the law that applies to the arbitration.  The State of Georgia has an arbitration code—the Georgia Arbitration Code, or “GAC” (O.C.G.A. § 9-9-1 et seq.)—that applies to certain arbitrations and certain arbitration-related issues.  The United States also has an arbitration code—the Federal Arbitration Act, or “FAA” (9 […]