Arbitration Agreements Arbitration

News & Analysis as of

Seventh Circuit Holds No Agreement Entered Into With Respect To On-Line Contract

This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a putative class of its website users proper notice of an arbitration agreement,...more

CFPB Announces May 5 Field Hearing on Arbitration

The CFPB announced that it is holding a field hearing on May 5, 2016, in Albuquerque, New Mexico, on arbitration. Previously, CFPB field hearings have resulted in the announcement of proposed rules. We anticipate that this...more

Untangling the Webb of Arbitrability: The Fourth Circuit Holds That Courts Determine the Availability of Class-Wide Arbitration

Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more

Federal Courts Lack Jurisdiction Over Enforcement Of Foreign Judgments, Even Where Judgment Is Inconsistent With Earlier...

Plaintiff Albaniabeg, power plant operator, sought enforcement of an Albanian judgment in a New York state court against defendant Italian power companies. Section 205 of the FAA permits removal of an action that relates to...more

Ninth Circuit: Arbitration Provision Contained In Sham Agreement Is Not Enforceable

The Ninth Circuit reversed a district court ruling that had compelled arbitration, holding that a party may not enforce an arbitration agreement where the clause is contained in a nonbinding contract. The parties had entered...more

Carbajal v. HWBSC Decision Provides Guidance for Drafting Employment Arbitration Agreements

On February 26, 2016, the California Court of Appeal, Fourth District, issued its decision in Carbajal v. HWBSC, Inc., invalidating an employment arbitration agreement due to a number of provisions the Court considered...more

Recent amendments to the Lloyd’s Standard Salvage and Arbitration (LSSA) Clauses

The Lloyd’s Standard Salvage and Arbitration (“LSSA”) Clauses have recently been recently amended to account for problems arising from previous salvage arbitrations and to further reduce the costs of arbitration....more

The Fifth Circuit Addresses an Issue That Refuses to Die: Who Determines Whether Class or Collective Arbitration Is Available?

We opined on several occasions that cases dealing with a party’s entitlement to class or collective arbitration were a dying breed because of the increased use of class action waivers. And we have been proven wrong by several...more

"May" Or "Shall": What Should Be Used In An Arbitration Clause?

The Privy Council decision in Anzen Ltd & ors v Hermes One Ltd [2016] UKPC 1, 18 January 2016, has important implications for the drafting of arbitration clauses. The Privy Council held that an arbitration clause providing...more

Ninth Circuit Remands PAGA Cases To Lower Courts To Determine The Proper Forums For Arbitration Or Litigation

We previously reported on California courts refusing to enforce waivers contained in arbitration agreements of representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”). These cases have...more

You Can’t Always Get What You Want: Parties Cannot Change Scope of Judicial Review of Arbitration Awards Under Massachusetts...

In a decision that will affect commercial arbitration agreements across the Commonwealth, the Massachusetts Supreme Judicial Court (“SJC”) recently held in Katz, Nannis & Solomon, P.C. v. Levine that judicial review of...more

Fifth Circuit Decision May Endanger Many Texas Arbitration Agreements

The Fifth Circuit has issued a decision which may affect Texas employers who utilize employment arbitration agreements. In Nelson v. Watch House Int'l, L.L.C., No. 15-10531 (5th Cir. Mar. 2, 2016), the court found an...more

Fifth Circuit Upholds District Court Dismissal Of Motion To Stay Arbitration

The appellant disputed the manner in which the arbitrators were selected under the applicable arbitration agreement, as well as the partiality of the arbitrators. The district court refused to stay the arbitration, ruling...more

Three Appellate Courts Remand for Trial on Existence of Agreement to Arbitrate

Most questions of arbitrability can be resolved on motion, using a summary judgment-like standard. However, just like summary judgment, if there are genuine disputes of material fact about whether a claim must be arbitrated...more

SCOTUS’s Arbitration Docket Contracts

The actual and potential arbitration docket at the Supreme Court contracted in the last week due to three events. First, SCOTUS made quick work of an appeal from the Hawaii Supreme Court. Remember when I predicted that...more

Alabama Acknowledges AAA Rules Authorize Arbitrator To Determine Whether Non-Signatory Is Bound

The Alabama Supreme Court has followed the Eighth Circuit’s lead, concluding that when the parties agree to arbitrate pursuant to the AAA Rules, they have clearly and unmistakably authorized the arbitrator to determine who is...more

Court Denies Party’s Motion To Compel Arbitration And Stay Court Proceedings Due To Party’s Waiver Of Arbitration Rights By...

A Colorado federal court denied a party’s motion to compel arbitration, finding that the party had previously waived its right to arbitrate the dispute by defaulting and failing to pay its share of arbitration fees in an...more

Establishing the Application of The Foreign Sovereign Immunities Act’s Arbitration Exception

On October 7, 2015, the United States Court of Appeals for the District of Columbia Circuit issued the mandate on its opinion affirming the judgment of the United States District Court for the District of Columbia confirming...more

Washington Employers, Be Careful When Demanding Arbitration Agreements from Current Employees

Yesterday, in case called Mayne v. Monaco Enterprises, Inc., a Washington Appellate Court struck down an arbitration clause because the employee faced immediate termination if he did not sign. The employee in this case had...more

Arbitration: A Comparison of the Pros and Cons

The Federal Rules of Civil Procedure were designed to “secure a just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. Yet with the previously “accepted rule that a complaint should...more

Are English arbitration awards ‘final, conclusive and binding’? – revisiting the right to challenge arbitration awards in English...

Recent debate on the right to appeal - Under limited circumstances, a party to an English arbitration award who is dissatisfied with the result can challenge that award in the courts. There are concerns that the current...more

Fifth Circuit Upholds Arbitrations with Class Waivers – Gasses NLRB in Murphy Oil Case

More frequently, employers are turning to arbitration agreements to keep lawsuits out of court and prevent the threat of run-away juries. Many arbitration agreements also contain class action waivers which require employees...more

New York Times article omits critical pro-arbitration facts

An article on consumer arbitration in this week’s Sunday New York Times concludes that “[b]y inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies… devised a way to...more

NC Business Court On Arbitrability: Clear And Unmistakable

You may have pondered over the question whether a Judge or an Arbitrator decides if a particular dispute is subject to an agreement to arbitrate. If you have wondered who makes that sort of decision, it's actually not an...more

Arbitration Clauses Under Attack – Do They Harm Consumers?

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

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