News & Analysis as of

Severability Doctrine Arbitration Agreements

Houston Harbaugh, P.C.

Does My Dispute Have to be Decided in Private Arbitration?

Houston Harbaugh, P.C. on

It is common for agreements to contain a clause mandating that any dispute be decided in private arbitration—rather than in state or federal court. In private arbitration, a neutral arbitrator will hear evidence and render a...more

Troutman Pepper

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s...

Troutman Pepper on

On September 14, the U.S. Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of...more

Lewitt Hackman

California Employers: Another Reminder to Review Your Employment Arbitration Agreement

Lewitt Hackman on

A recent Court of Appeal decision reminds California employers to review severability provisions within employment arbitration agreements. In Nichole Kec v. Superior Court, a former employee (Kec) brought individual, class...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Am I Bound By An Arbitration Agreement I Did Not Sign? Volume 4, Issue 13

McGlinchey Stafford on

TCPA Government-Debt Exception- Barr v. Am. Assn. of Political Consultants, ___U.S.___ (2020) The United States Supreme Court affirmed the judgment of the U.S. Court of Appeals for the Fourth Circuit, striking down the...more

BCLP

First CICC rulings recognise severability of arbitration agreements

BCLP on

On 18 September 2019, the China International Commercial Court (“CICC”) of the Supreme People’s Court of China published its first three rulings regarding the validity of arbitration agreements. The arbitration agreements in...more

Lewitt Hackman

Franchisor 101: The Wrong Tools to Avoid California Courts

Lewitt Hackman on

The Ninth Circuit ruled that a California Matco Tool franchisee, John Fleming, could bring a class action wage and hour suit in California, even though a forum selection clause in the distribution agreement specified Ohio...more

Carlton Fields

SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionable

Carlton Fields on

The Southern District of New York granted a motion to compel arbitration of an employment dispute between the petitioners and the respondent. The petitioners also filed a motion to dismiss or stay a concurrent proceeding that...more

King & Spalding

California Rule Barring Enforcement of Contractual Provisions that Limit Consumers’ Right to Seek Public Injunctions Not Preempted...

King & Spalding on

On June 28, 2019, the Ninth Circuit issued three decisions confirming that the FAA does not preempt California’s so-called “McGill” rule. As a result, the court invalidated provisions of the arbitration agreements in each...more

Nexsen Pruet, PLLC

Health Care Arbitration Agreements: Five Ways to Improve Enforceability

Nexsen Pruet, PLLC on

Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or...more

Morgan Lewis

An Introductory Guide to Arbitration in Singapore

Morgan Lewis on

With the high volume of trade and business involving Asian companies, Singapore is increasingly seen as the most attractive seat of arbitration for the reliable resolution of disputes within the Southeast Asian region. ...more

Weintraub Tobin

The New PAGA-Waiver Trap Door

Weintraub Tobin on

Many employers have arbitration agreements wherein employees agree to waive the right to file a lawsuit against the employer under various laws, including the California’s Private Attorney General Act (“PAGA”).  Employers...more

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