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Arbitration Arbitration Fees

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Ervin Cohen & Jessup LLP

The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act

Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more

Manatt, Phelps & Phillips, LLP

FAA Preempts California Law On Arbitration Fees

The FAA preempts California’s Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled....more

Goodwin

JAMS Release Mass Arbitration Procedures Following AAA’s Lead

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In recent years, plaintiff-side attorneys have increasingly relied on a strategy of “mass arbitration” to force companies into in terrorem settlements, whereby large numbers of claims are settled quickly before the underlying...more

Jackson Lewis P.C.

What California’s Time Limits for Payment of Arbitration Fees Mean for Restaurant Employers

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Arbitration agreement enforcement continues to take up California court space. Recently, a wave of cases highlights for restaurant and food service industry and other employers the importance of timely payment of arbitrator...more

Ervin Cohen & Jessup LLP

California Court of Appeals Reinforces Strict Limits on Arbitration Fee Payment Deadline

The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more

Paul Hastings LLP

Federal Case Challenges Mass Arbitration “Shakedown” Amid Recent Amendments to AAA Rules

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A recent complaint against plaintiffs’ firm Zimmerman Reed directly challenges the law firm’s mass arbitration tactics and alleged “weaponization” of a California privacy statute. The complaint comes as arbitration...more

Goodwin

Updated AAA Rules and Fees Could Change the Mass Arbitration Landscape

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The American Arbitration Association (AAA) has amended its Mass Arbitration Supplementary Rules and fee schedules applicable to certain consumer and employment arbitrations, effective January 15, 2024. The AAA announced that...more

Ballard Spahr LLP

Seventh Circuit stays order requiring Samsung to pay millions in arbitration fees

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We previously blogged about an Illinois federal district court order requiring Samsung to pay about $4 million in arbitration fees in connection with 35,000 individual arbitration demands filed as part of a “mass...more

CDF Labor Law LLP

Employers Beware - Deadline for Payment of Arbitration Fees Strictly Construed

CDF Labor Law LLP on

California employers should be extremely cautious about timely paying arbitration fees or could pay the price – waiving their right to arbitrate and having to proceed in court....more

Fox Rothschild LLP

Pay Your Arbitration Fees on Time or Forfeit Arbitration

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You’ve taken the right steps. You prepared and rolled out an enforceable arbitration agreement to your employees. Not surprisingly in California, you were sued. The Plaintiff, by force or voluntarily, agreed to arbitrate. You...more

Perkins Coie

Another Court Rejects a Company’s Attempt To Avoid Mass-Arbitration Fees

Perkins Coie on

The U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] No Class, Just a Massive Headache: Mass Arbitrations - August 29th, 10:00 am - 11:00 am PT

Imagine arriving at the office to find 20 bankers' boxes full of 20,000+ individual arbitration demands. The claims appear identical and non-meritorious. But to even get a chance to make an argument, it will cost you nearly...more

Ervin Cohen & Jessup LLP

When Substantial Compliance Is Not Enough: A Cautionary Ruling For Employment Arbitration Actions

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Since its enactment in 2020, employers have been forced to be mindful of the burdensome imposition of Code of Civil Procedure section 1281.97 et seq., which requires an employer to pay the full amount of arbitration fees...more

Manatt, Phelps & Phillips, LLP

Costly Lesson in California Court to Pay Arbitration Fees on Time

Providing an expensive lesson, a California appellate court held that an employer’s failure to timely pay an arbitration fee resulted in a waiver of the employer’s right to require arbitration....more

Holland & Knight LLP

Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

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The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half....more

UB Greensfelder LLP

Filing A Frivolous Customer Arbitration Carries Real Monetary Risks

UB Greensfelder LLP on

While the FINRA arbitration system certainly is not perfect – just see Alan’s troubling blog from last week regarding the Motion to Vacate that was granted by a Judge in Atlanta – we like to think that when cases go to...more

Holland & Knight LLP

New California Labor and Employment Laws for 2022

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The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 2: Failure to Timely Pay Arbitrator May Lose the Right to Arbitrate

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment...more

Epstein Becker & Green

Ninth Circuit Allows Arbitrator to Rule on Postmates’ Challenge to Mass Arbitration Tactics

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In response to the increased use and enforcement of class and collective action waivers, plaintiffs’ attorneys are now relying on a new strategy to gain leverage over businesses. More specifically, they have started to...more

Epstein Becker & Green

Postmates Risks Judicial Rebuke by Filing Suit Against 10,000 of Its Drivers to Try to Escape Individual Arbitrations

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Be careful what you ask for. We have used that expression frequently when writing about recent federal court orders requiring DoorDash and Postmates to conduct thousands of individual arbitrations in California pursuant to...more

Epstein Becker & Green

DoorDash Isn’t the Only Company That Has Been Ordered to Conduct More Than 5,000 Individual Arbitrations – Postmates Has Been, Too

Recently, we wrote here about a federal court order requiring DoorDash to conduct more than 5,000 individual arbitrations under the terms of its mandatory arbitration agreements, with each arbitration to address claims that...more

Epstein Becker & Green

Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual...

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It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more

Vedder Price

2020 California Employment Law Roundup

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As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: New California Employment Laws Going Into Effect January 1, 2020

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

Genova Burns LLC

Companies Beware: Pay Your Arbitration Fees Or Risk Losing Your Right to Arbitrate

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A decision by a judge of the U.S. District Court for the District of New Jersey on October 17, 2019, in Rachel A. Page v. GPB Cars 12, LLC d/b/a North Plainfield Nissan et al. (link to: opinion), stands as a critical warning...more

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