For an arbitration agreement to be enforceable, the parties must have a reasonable opportunity to understand its terms. See Fagerstrom v. Amazon.com, Inc., 141 F. Supp. 3d 1070 (S.D. Cal. 2015). With this principle in mind,...more
3/7/2019
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Clickwrap Agreements ,
Consumer Contracts ,
Customer-Loyalty Programs ,
Disability Discrimination ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Point of Sale Terminals ,
Retailers
In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, but the applicable arbitration agreement...more
Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more
10/3/2017
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Discovery ,
Document Productions ,
Federal Arbitration Act ,
Motion to Compel ,
Non-Parties ,
Personal Jurisdiction ,
Rule 45 ,
Subpoenas
When a claimant who is party to an arbitration agreement initiates litigation of arbitrable claims, the defendant in that case typically expects to be able to move successfully to compel arbitration under the Federal...more
In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more
5/8/2017
/ Arbitration Awards ,
Diversity Jurisdiction ,
Federal Arbitration Act ,
Federal Jurisdiction ,
Federal Question Jurisdiction ,
Jurisdiction ,
Motion to Compel ,
Motion to Vacate ,
SCOTUS ,
Split of Authority ,
Subject Matter Jurisdiction
Last month, we described the split among Federal Circuit Courts regarding the question of whether the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, mandates a stay rather than dismissal of a judicial proceeding after a...more