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Arbitration Agreements › Judicial Discretion

Husch Blackwell LLP

SCOTX: No Arbitrary Arbitration Provision For Local Governments

Husch Blackwell LLP on

The Supreme Court of Texas recently announced that local governments who have agreed to arbitration clauses may be forced into arbitration. However, the Court also announced that the judiciary “retains the duty to decide...more

Burr & Forman

Fifth Circuit Holds That Class Arbitration is a Gateway Issue For Courts, Not Arbitrators

Burr & Forman on

The United States Court of Appeals for the Fifth Circuit recently joined other federal appellate courts finding that class arbitration is a “gateway” issue for judicial determination, not the arbitrator.  See 20/20...more

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