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David J. McLean, a senior litigation partner at Latham & Watkins, and Sean-Patrick Wilson, an associate at the firm, review a recent decision where the Eleventh Circuit explored which types of ADR are considered "arbitration" for purpose of the FAA. The question itself is not a novel one, as several appellate courts have had to struggle with this issue at one time or another, but the court applied a particularly narrow test.
July 11, 2008 at 12:00 AM
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