Brian A. Berkley

Brian A. Berkley

Pepper Hamilton LLP

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Third Circuit Reaffirms the Difficulty of Binding a Non-Signatory to Arbitration

Federal law’s much-talked-about presumption in favor of enforcing arbitration clauses has its limits. On August 11, 2014, the United States Court of Appeals for the Third Circuit identified one of those limitations: the...more

8/21/2014 - Appeals Arbitration Enforcement Non-Signatories

Supreme Court Holds That Courts Must Defer To Arbitrator’s Decision To Authorize Class Arbitration

On June 10, 2013, the United States Supreme Court unanimously held in Oxford Health Plans, LLC v. Sutter that an arbitrator’s decision to authorize class arbitration will not be disturbed under Section 10(a)(4) of the Federal...more

6/12/2013 - Arbitration Arbitration Agreements Class Action Contract Interpretation Federal Arbitration Act Oxford Health v Sutter Physicians SCOTUS

Promotion Of Arbitration In The 21st Century

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

5/17/2013 - Arbitration Federal Arbitration Act SCOTUS

U.S. Supreme Court Orders State Court To Adhere To Federal Arbitration Act And Compel Arbitration

The United States Supreme Court recently entered the latest of a series of opinions that prevent state courts from interfering with arbitration on state policy grounds. On November 26, 2012, the Court issued its per curiam...more

12/6/2012 - Arbitration Arbitration Agreements Federal Arbitration Act Non-Compete Agreements Preemption

Pennsylvania Superior Court Declines to Compel Arbitration of Tort Claims Despite Broad Arbitration Clause

Among the basic principles in arbitration law are: (1) courts should favor and defer where possible to a valid arbitration clause and (2) an arbitration clause that intends to arbitrate “any dispute” “arising out of or in...more

11/13/2012

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