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US Second Circuit scrutinises arbitration appellate waivers; ambiguity or catch-all wording will not bar appellate review

Published on: 11 March 2026

Published by a LexisNexis Arbitration expert

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Article summary

Lanesborough 2000 LLC v Nextres LLC , No. 24-2211 (2d Cir. 2026) What are the practical implications of the case?

In Lanesborough 2000, the Second Circuit ruled that a purported waiver of the ‘right to appeal’ cannot foreclose appellate scrutiny where its wording admits more than one plausible reading. The panel deemed the provision ambiguous because it was uncertain whether it swept in every possible appeal, including a district court’s post-award orders, or was confined to challenges to the arbitral award itself. The decision underscores that courts will parse waiver clauses with care, and that uncertainty will generally favour permitting an appeal. The court also cautioned that even text that appears plain may still fail where the waiver is excessively expansive or relies on catch-all phrasing. By way of illustration, language declaring that an arbitrator’s decision ‘shall not be subject to any type of review or appeal whatsoever’ may remain invalid, as several courts reason that parties cannot altogether eliminate all forms of judicial oversight in every possible circumstance...

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