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Chamber of Commerce Arbitration Agreements

Benesch

Ninth Circuit Nixes California’s Employment Arbitration Agreement Ban

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Last week, the Ninth Circuit issued a significant ruling in Chamber of Commerce v. Bonta, concluding that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act (“FAA”). AB 51, which was passed by...more

Ervin Cohen & Jessup LLP

Update: Challenge to California’s Arbitration Agreement Law Marches On

​​​​​​​Employers throughout California have been keenly awaiting the final decision from the 9th Circuit Court of Appeals regarding the United States Chamber of Commerce’s challenge to California Labor Code section 432.6,...more

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

Ninth Circuit Panel to Reconsider Decision Upholding California Mandatory Arbitration Ban

​​​​​​​The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more

Jackson Lewis P.C.

Ninth Circuit Withdraws Prior Opinion Regarding California’s AB 51 and Grants Panel Rehearing

Jackson Lewis P.C. on

Since 2021, the challenge to California’s Assembly Bill (AB) 51 (on employment arbitration) has been in limbo awaiting the U.S. Court of Appeals for the Ninth Circuit’s decision on a petition to rehear the appeal en banc....more

Ervin Cohen & Jessup LLP

Mandatory Arbitration Agreements in California: Down, But Possibly Not Out

Ervin Cohen & Jessup LLP on

Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more

Manatt, Phelps & Phillips, LLP

Chamber of Commerce Asks Full 9th Circuit to Rehear Case Banning Mandatory Employment Arbitration

Last month, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA) and held that employers are prohibited from requiring...more

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

U.S. Chamber of Commerce Asks Ninth Circuit to Reconsider Ruling Upholding California’s Mandatory Employment Arbitration Ban

The battle concerning California’s Assembly Bill (AB) No. 51 - the law seeking effectively to ban mandatory employment arbitration in California - continues to rage. On October 20, 2021, the U.S. Chamber of Commerce, the...more

BCLP

Ninth Circuit Upholds California’s Ban on Mandatory Arbitration of Employment Disputes

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On October 10, 2019, Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), with an effective date of January 1, 2020. AB 51 prohibits an employer, as a condition of employment, from requiring an...more

Ervin Cohen & Jessup LLP

Mandatory Arbitration Agreements are Unenforceable in California, Again

In a year of tough decisions for California employers, the Ninth Circuit just issued another mixed bag of legal decisions to navigate, this time regarding the enforceability of mandatory arbitration agreements. CA Labor...more

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

Ninth Circuit Upholds Portions of California Law Prohibiting Use of Mandatory Arbitration Agreements

In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more

Jackson Lewis P.C.

Federal Arbitration Act Partial Bar On California’s Ban On Mandatory Arbitration Contracts, Court Holds

Jackson Lewis P.C. on

The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that...more

Latham & Watkins LLP

Chinese Court Decision Reinforces Need for Clear and Precise Drafting of China-Related Arbitration Agreements

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Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid. In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese...more

Jackson Lewis P.C.

The State Of California Submits Opening Brief In Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply

Jackson Lewis P.C. on

On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA). As enacted, AB 51 would prohibit...more

Stokes Wagner

AB 51 Remains on Pause as the District Court Requests Further Briefing

Stokes Wagner on

The temporary restraining order (“TRO”) which prevents the enforcement of AB 51 remains in effect until January 31, 2020. As a reminder, California’s AB 51 bars mandatory arbitration agreements in employment agreements....more

Fenwick & West LLP

TRO Blocks State of California From Enforcing New Arbitration Law

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U.S. District Judge Kimberly Mueller, in Sacramento on December 30, 2019, issued a temporary restraining order (TRO) blocking the state of California from enforcing AB 51, and on January 10 extended the TRO until January 31,...more

Ervin Cohen & Jessup LLP

Judge Orders Emergency Halt of AB 51 Employment Arbitration Law

A federal judge issued a temporary restraining order on Monday, December 30, to halt enforcement of California’s Assembly Bill 51 (AB 51), which was scheduled to go into effect on January 1, 2020. AB 51 would have prevented...more

Fisher Phillips

Business Groups Bring Legal Challenge to California’s Prohibition on Mandatory Arbitration Agreements

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A coalition of business groups led by the U.S. Chamber of Commerce just filed a lawsuit against California Attorney General Xavier Becerra and other state officials seeking to block AB 51, a recently passed statute which will...more

Ballard Spahr LLP

CA Chamber seeks veto of CA bill making failure to pay arbitration fees punishable by sanctions

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The California Chamber of Commerce is encouraging its members to send letters to California Governor Gavin Newsom urging him to veto California SB 707, which was passed by the state’s Assembly and Senate and is currently...more

Seyfarth Shaw LLP

California Moves Toward Ban On Mandatory Arbitration of Labor Claims

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On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a...more

Locke Lord LLP

Arbitrator Selection in Multiparty Disputes

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Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more

Butler Snow LLP

You Can Always Get What You Want, or At Least What You Contract For – Fifth Circuit Affirms Vacation of Arbitration Award

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On April 7, 2015, the Fifth Circuit affirmed the Southern District of Texas’ decision to vacate an arbitration award rendered in a dispute involving two separate contracts – one which was to be governed by the Commercial...more

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