News & Analysis as of

Arbitration Agreements

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for...more

Arbitration

1. Excluding claims arising from Confidentiality provision from the arbitration clause was substantively unconscionable - In Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, review filed 4/28/17, a successful...more

Italy - Challenge of arbitral award for error of law: is your arbitral clause safe?

by Hogan Lovells on

By judgment no. 13 of 2018 (published in the Official Journal - Gazzetta Ufficiale - on 30 January 2018), the Italian Constitutional Court confirmed the recent position of the Italian Supreme Court, whereby it is always...more

Court Refuses to Enforce "Misleading" and "Sham" Arbitration Agreements

by Nexsen Pruet, PLLC on

Courts usually enforce mandatory arbitration agreements in the employment context if the agreements are not too one-sided. But last month, in Degidio v. Crazy Horse Saloon & Restaurant, 2018 WL 456905 (4th Cir. Jan. 18,...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit

by Carlton Fields on

The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract...more

Five Years After Justice Alito’s Oxford Health Concurrence, Have The Second Circuit and Southern District of New York Signaled The...

In 2013, Justice Alito’s concurrence in Oxford Health raised serious questions whether absent class members could be bound by an arbitrator’s incorrect determination that an arbitration agreement authorized class arbitration....more

Gentlemen’s Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

by Carlton Fields on

The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more

Separate Requests essential in multi-contract LCIA arbitrations

by White & Case LLP on

A recent English High Court decision is a cautionary tale for claimants under the 2014 LCIA Rules. The Court held that a Request for Arbitration is invalid if it relates to more than one arbitration agreement. Claimants must...more

Africa Focus: Spring 2018: Angola and Mozambique: Oil & gas and mining - Planning for the up-cycle and managing risks in Lusophone...

by White & Case LLP on

Between them, Angola and Mozambique represent 94 percent of the population and 91 percent of the 2017 collective GDP of Lusophone Africa (Figure 1). In the early part of this decade, investors were very optimistic about...more

Kuala Lumpur Regional Centre for Arbitration Rebrands as Asian International Arbitration Centre

by Jones Day on

The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing...more

Third Circuit Upholds Arbitration Agreement In Retail Installment Agreement Between Used Car Buyer And Dealer

by Carlton Fields on

This dispute stemmed from a complaint filed by Edmondson, alleging claims under the Federal Odometer Act and the Magnuson-Moss Warranty Act, as well as state law claims for fraud, in relation to her purchase of a used car...more

Federal Courts Do Not Appreciate Defendants Obtaining Arbitration Agreement From Active Plaintiff

In today’s post, we pick up where the 4th Circuit left off a few weeks ago — with federal circuit courts finding ways to avoid enforcing arbitration agreements that are obtained years after litigation has commenced....more

States Ask Congress To Prohibit Arbitration In Sex Harassment Claims

by Fisher Phillips on

A unanimous block of attorneys general from all 50 states and the District of Columbia, not to mention several U.S. territories, sent a letter to Congress on February 12th asking federal lawmakers to prohibit the use of...more

Three Technology Trends That Will Change the Gig Economy in 2018

by Fisher Phillips on

Bill Gates once said “Information Technology and business are becoming inextricably interwoven. I don’t think anybody can talk meaningfully about one without the talking about the other.” The advent of the gig economy along...more

Insurance Receiver’s Preemption Argument Under Mccarran-Ferguson Fails To Avoid Arbitration Of Reinsurance Dispute

by Carlton Fields on

The receiver for Gramercy Insurance Company sought to avoid arbitration of a reinsurance dispute with Contractor’s Bonding, Ltd., by arguing the FAA was reverse preempted under the McCarran-Ferguson Act....more

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

Claim Of Fraudulent Inducement Of A Construction Contract Does Not Invalidate Arbitration Clause In That Same Contract

by Pepper Hamilton LLP on

Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) - In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson...more

California Court Of Appeal Remands Matter For Superior Court To Decide Issue Of Arbitrability And Whether Delegation Clause Was...

by Carlton Fields on

Plaintiff argued both the delegation clause and the arbitration provision of the agreement at issue were unconscionable, requiring the trial court to resolve the merits of the challenge, which it did not. ...more

Sorry, Arbitration Agreements Are Not For The Courts' Benefit

The Supreme Court of Nebraska gave an unpleasant surprise to its trial court judges last week: they cannot enforce arbitration agreements sua sponte. Boyd v. Cook, 298 Neb. 819 (Feb. 2, 2018)....more

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

by Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

WPI State of the States: State Legislatures are Back in Business

by Littler on

The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more

A First in the Second (Circuit): On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award

by K&L Gates LLP on

In what appears to be a first-of-its-kind ruling, the District Court for the Southern District of New York recently concluded that a federal district court has the authority to vacate an arbitrator’s class certification award...more

California Court Considers Enforceability Of Arbitration Clause In Reinsurance Related Agreement Applying Nebraska Law

by Carlton Fields on

In a case involving a reinsurance participation agreement (RPA), a California trial court has examined the interplay between two seemingly irreconcilable contract provisions: one that provided for the arbitration of any...more

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