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Arbitration › Prejudice

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 -
Jackson Lewis P.C.

Prejudice Not Required: California Supreme Court Eases Standard for Waiving Arbitration Rights

Jackson Lewis P.C. on

California courts, like most federal courts, have historically held that a party does not waive its contractual right to compel arbitration unless the party opposing arbitration has been prejudiced by the moving party’s delay...more

CDF Labor Law LLP

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

CDF Labor Law LLP on

Many California employers require their employees to sign agreements to submit any disputes arising out their employment to binding arbitration. If an employee files a lawsuit in court, the employer then has the option of...more

Constangy, Brooks, Smith & Prophete, LLP

Employer “waived” bye-bye to arbitration after litigating for 7 months

Constangy, Brooks, Smith & Prophete, LLP on

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more

Miller Canfield

A Lil’ Too Late - U.S. Court of Appeals for the Sixth Circuit Refuses to Compel Arbitration After Company Litigates Case for 7...

Miller Canfield on

When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more

Proskauer - Minding Your Business

Supreme Court Rules on the Requirements for a Waiver of the Right to Arbitrate

Proskauer - Minding Your Business on

The United States Supreme Court recently resolved a circuit split regarding when a party has waived its contractual right to arbitrate by participating in litigation prior to seeking to arbitrate a dispute. In Morgan v....more

Miller Nash LLP

Use it or Lose it: SCOTUS Eases Arbitration Waiver Analysis in Most Circuits, States

Miller Nash LLP on

Many contracts these days, including employment contracts, have provisions requiring that disputes be arbitrated rather than filed in a court. Nevertheless, a party to such an agreement will often file a lawsuit in court, and...more

Smith Anderson

Does the Federal Arbitration Act Favor Arbitration?

Smith Anderson on

A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more

Smith Gambrell Russell

Unanimous U.S. Supreme Court Rejects Prejudice Requirement for Arbitration Waiver

Smith Gambrell Russell on

On May 23, 2022, the U.S. Supreme Court considered the question of waiver in a case governed by the Federal Arbitration Act (“FAA”) and held that a party can waive its right to arbitration irrespective of whether the other...more

Kohrman Jackson & Krantz LLP

Supreme Court Makes It Easier to Challenge Delayed Arbitration Request

Kohrman Jackson & Krantz LLP on

Resolving an issue over when a party has waived their right to arbitrate, the United States Supreme Court recently granted plaintiff’s a major victory, holding that litigants are no longer required to show prejudice when...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

Burr & Forman on

A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

Miller Canfield

Supreme Court Rejects Prejudice Requirement for Waiver of Arbitration Agreement

Miller Canfield on

In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more

Polsinelli

Supreme Court Discards the Prejudice Requirement for Waiving Delayed Arbitration

Polsinelli on

Earlier this week, the Supreme Court unanimously held in Morgan v. Sundance that litigants are no longer required to show prejudice when opposing a party’s delayed attempt to compel arbitration. Previously, an Eighth Circuit...more

King & Spalding

Morgan v. Sundance: Prejudice Not Required To Waive Arbitration Rights

King & Spalding on

In Morgan v. Sundance, the Supreme Court unanimously concluded this week that waiving arbitration rights does not require a showing that the party seeking to have their case heard in federal court would be prejudiced by...more

K&L Gates LLP

U.S. Supreme Court Eliminates Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on

With the increasing use of arbitration clauses and agreements, courts have been required to address challenges to the enforceability of such contracts. One such situation is where one party to an arbitration agreement delays...more

Obermayer Rebmann Maxwell & Hippel LLP

Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims

Obermayer Rebmann Maxwell & Hippel LLP on

Employers sometimes favor resolving disputes with their employees in arbitration as opposed to in front of a jury. Such a private tribunal may streamline discovery procedures, offer a quicker resolution, and, theoretically,...more

BakerHostetler

Supreme Court Holds Prejudice Not Required for Waiver of Right to Arbitrate - But Does Little Else

BakerHostetler on

In a much-anticipated opinion, the Supreme Court unanimously held that a party claiming waiver of the right to arbitrate need not show prejudice, in Morgan v. Sundance, Inc., Case No. 21-328 (May 23, 2022). While the holding...more

K&L Gates LLP

HUB Talks: Arbitration World: U.S. Supreme Court to Address Prejudice Requirements For Waiver of Arbitration Agreements

K&L Gates LLP on

In this episode, partners Jackie Celender and Lindsay Sampson Bishop, along with associate John Gavin, discuss the oral argument recently heard by the U.S. Supreme Court in Morgan v. Sundance dealing with the question of...more

NAM (National Arbitration and Mediation)

Party-Appointed Arbitrators On The Precipice

NAM (National Arbitration and Mediation) on

Concerns about bias and prejudice from multiple repeat appointments have plagued party-appointed arbitrators for years. This is true of international arbitration, commercial arbitration and, of course, insurance and...more

Carlton Fields

Intervenor-Defendant Obtains Stay of SDNY Action in Favor of Arbitration 14 Months After Complaint Filed

Carlton Fields on

The plaintiff and intervenor-defendant entered into a contract wherein they agreed to arbitrate claims arising out of the contract. Following a dispute, the plaintiff asserted that the intervenor-defendant had waived its...more

Patterson Belknap Webb & Tyler LLP

Arbitration Not Waived in Lawsuit Pending for Two Years

Patterson Belknap Webb & Tyler LLP on

Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Claims Seeking Vacatur on Grounds of Arbitrator Misconduct

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff sought to vacate an adverse arbitration award claiming the arbitration panel misbehaved and prejudiced his rights under the Federal Arbitration...more

Troutman Pepper

Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case

Troutman Pepper on

NFL Mgmt. Council v. NFL Players Ass’n, 2015 U.S. Dist. LEXIS 117662 (S.D.N.Y. Sept. 3, 2015) - “Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So...more

Carlton Fields

Tenth Circuit Finds Concealment Of Arbitration Agreement To Constitute Waiver Of Right To Arbitrate

Carlton Fields on

The Tenth Circuit recently held that Cox Communications, Inc., (Cox) had waived its right to arbitration while defending a class action lawsuit brought on behalf of its cable subscribers. These subscribers sued the...more

Carlton Fields

Court Denies Terminated Employee’s Motion To Vacate Arbitration Award For Failure To Show Bias, Misconduct, Or Manifest Disregard

Carlton Fields on

A district court refused to vacate an arbitration award where Preis, a terminated employee, failed to produce sufficient evidence of bias or misconduct in the arbitration panel’s decision. Preis moved to vacate the award in...more

Carlton Fields

Court Affirms Parties’ Waiver Of Right To Compel Arbitration

Carlton Fields on

A federal court of appeals has affirmed a district court’s decision that parties to a pending lawsuit waived their right to compel arbitration by waiting 11 months after that lawsuit was filed to invoke their right. Instead...more

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