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Federal Arbitration Act › Contract Formation

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Morgan Lewis

Third Circuit Rules on ‘Mind-Bending’ Arbitration Question

Morgan Lewis on

The US Court of Appeals for the Third Circuit recently issued a precedential decision on what it called “the mind-bending issue of arbitration about arbitration.” Relying on an arbitration agreement between the plaintiff and...more

Dorsey & Whitney LLP

California Court Enforces Arbitration Clause in Cannabis Contract

Dorsey & Whitney LLP on

An October 2019 decision in the U.S. District Court for the Northern District of California confirmed that cannabis companies can form contracts even if the purpose of the contract is for an illegal purpose and that...more

Mintz - Arbitration, Mediation, ADR...

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Mintz - Arbitration, Mediation, ADR... on

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Foley & Lardner LLP

Class Action Waivers: Silence May NOT Be Golden

Foley & Lardner LLP on

Since when does silence in a contract speak louder than words? The United States Supreme Court will soon answer this question in deciding whether an arbitration agreement between an employer and its employees can authorize a...more

Carlton Fields

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

Carlton Fields on

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more

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