Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (February 2026) provide a practical snapshot of notable, recent decisions shaping arbitration and ADR across U.S. federal and state courts. Organized by topic, the digest highlights key developments affecting arbitration agreements, threshold jurisdictional disputes, delegation and waiver arguments, unconscionability challenges, class and representative action issues, hearing and evidentiary rulings, and the standards courts apply when reviewing or enforcing awards.
This month’s updates include decisions addressing how res judicata and collateral estoppel can flow from confirmed arbitration awards, how courts are interpreting the FAA transportation exemption in modern work arrangements, and how the Ending Forced Arbitration Act (EFAA) is being applied where harassment is alleged to have continued past the statute’s effective date. The summaries also track evolving case law on online assent (browsewrap and clickwrap), arbitrability delegation, and arbitration waiver, along with a roundup of news and developments to watch in 2026.
