Arbitration Law And Jury Demands: Devil Is In The Details

Law360 (March 25, 2019, 11:31 AM EDT) -- You are in federal court facing a motion to compel arbitration, and you reach for your well-worn copy of the Federal Rules of Civil Procedure in order to confirm how to go about your next step — demanding a jury trial for example. Better reach for your perhaps less well-worn copy of the Federal Arbitration Act first.

Federal Rule of Civil Procedure 81 tells you that procedures set out in the FAA supersede the corresponding Federal Rules. And then the courts weigh in and it gets complicated. For example, compare the U.S. Court of Appeals for the Eleventh Circuit's 2017 decision...

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