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Arbitration Terms and Conditions Federal Arbitration Act

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 -
Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Troutman Pepper Locke

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

Troutman Pepper Locke on

A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Reaffirms Disapproval of “Browsewrap” Agreements to Arbitrate

Consent is generally a precondition to an enforceable contract. Some website operators have attempted to enforce arbitration clauses set forth in the terms and conditions listed on their websites just because a consumer...more

Ballard Spahr LLP

Try as they might, state courts cannot override the FAA in enforcing online arbitration agreements

Ballard Spahr LLP on

A recent Law360 article notes that “a growing number of state court rulings” have invalidated arbitration agreements in online contracts. As an example of this “trending pushback” by state courts, the article discusses...more

Proskauer - Minding Your Business

Ninth Circuit Decision Has Significant Implications for Terms and Conditions in Smartphone Apps

A recent Ninth Circuit decision centered on something most consumers use many times every day: smartphone apps. In Wilson v. Huuuge, Inc., the Ninth Circuit affirmed the denial of defendant Huuuge’s motion to compel...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Fisher Phillips

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

Fisher Phillips on

The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so....more

Mintz - Arbitration, Mediation, ADR...

Must Your Dispute Be Arbitrated? You May Be Entitled to Discovery to Find Out.

In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district court performs a more limited function than in a plenary civil action. On an application to stay an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules Even “Good, Bad, or Ugly” Arbitrators’ Decisions Must Stand

This morning, in a unanimous decision, the Supreme Court of the United States refused to overturn, under section 10(a)(4) of the Federal Arbitration Act (FAA), an arbitrator’s decision that a contract authorized class...more

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