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Arbitration Agreements › Contract Interpretation › Mandatory Arbitration Clauses

Carlton Fields

The FAA’s Presumption In Favor Of Arbitration Does Not Require Arguable Ambiguities In Arbitration Agreements To Be Interpreted As...

Carlton Fields on

In a dispute over the scope of a mandatory arbitration provision, the Sixth Circuit rejected the argument that it is required by the Federal Arbitration Act’s presumption in favor of arbitration to interpret an arbitration...more

Burr & Forman

Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!

Burr & Forman on

You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations....more

Carlton Fields

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

Carlton Fields on

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

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