InterConnect FLASH! No. 62 - Arbitration Clauses in IC Agreements: The Winds Are Shifting

Benesch
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Recently, the First Circuit Court of Appeals in a case of first impression (Oliveira v. Prime) further demonstrated the importance of choice of law provisions in Independent Contractor Service Agreements (“ICSAs”) as they relate to arbitration. The decision comes on the heels of the Ninth Circuit’s ruling in Swift and in direct conflict with the Eighth Circuit’s holding in Green relating to the enforceability/applicability of arbitration clauses in agreements between Independent Contractors (“ICs”) and motor carriers.

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