News & Analysis as of

Contract Interpretation Federal Arbitration Act

Carlton Fields

Seller Wins “Battle” to Apply FAA Over VUAA to Arbitration Dispute, but Loses “War” Over Award Confirmation

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The case involved a seller of a 91% interest in a Virginia-based government contractor that provides overseas staffing and logistics support to government agencies. The parties’ sale contract contained a choice-of-law...more

McGlinchey Stafford

When do the AAA Rules Govern Arbitrability? - Commercial Law Bulletin April 25 2022

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Ohio- Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144- In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more

Ervin Cohen & Jessup LLP

An Interview With Peter Selvin: Dispute Resolution

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What are the most popular dispute resolution methods for clients in your jurisdiction? Is there a clear preference for a particular method in commercial disputes? What is the balance between litigation and arbitration? The...more

Flaster Greenberg PC

Trends in Arbitration Agreements

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The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused...more

Mintz - Arbitration, Mediation, ADR...

Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds

In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act...more

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

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As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Carlton Fields

The FAA’s Presumption In Favor Of Arbitration Does Not Require Arguable Ambiguities In Arbitration Agreements To Be Interpreted As...

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In a dispute over the scope of a mandatory arbitration provision, the Sixth Circuit rejected the argument that it is required by the Federal Arbitration Act’s presumption in favor of arbitration to interpret an arbitration...more

Womble Bond Dickinson

Class Action Arbitration after Dell Webb

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Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire...more

BCLP

California High Court Rules that Contract Principles Govern Who Decides the Availability of Class Arbitration Under an Arbitration...

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On July 28, 2016, in Sandquist v. Lebo Automotive, Inc., the California Supreme Court (the “Court”) held that the underlying arbitration agreement, as interpreted under California contract principles, should determine whether...more

Sheppard Mullin Richter & Hampton LLP

The Contract Is King: The U.S. Supreme Court’s Two Recent FAA Decisions

The U.S. Supreme Court addressed contract terms bearing on the availability of class arbitration in two opinions this term. The first, Oxford Health Plans LLC v. Sutter, confirms a district court’s limited power under the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

Holland & Knight LLP

In Oxford Health, Supreme Court Requires Class-Wide Arbitration of an Individual Claim

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In its recent decision in Oxford Health Plans LLC. v. Sutter, 569 U.S. ____ (2013), the U.S. Supreme Court confirmed that parties to an arbitration agreement still face the risk of class arbitration even if the agreement does...more

Ballard Spahr LLP

U.S. Supreme Court Upholds Class Arbitration Ruling Where Parties Asked Arbitrator To Decide the Issue

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In a rare unanimous decision on an arbitration issue, the Supreme Court upheld an arbitrator's ruling permitting the arbitration to proceed on a class-wide basis....more

King & Spalding

Supreme Court Defers to Arbitrator on Class Arbitration

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On June 10, 2013, the United States Supreme Court unanimously affirmed in Oxford Health Plans v. Sutter an arbitrator's decision to allow class arbitration based on contractual language in a physician's dispute with a health...more

Littler

Narrow Supreme Court Ruling Upholds Arbitrator's Decision that Parties' Agreement Permits Class Arbitration

Littler on

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court was asked to determine "whether an arbitrator exceeds his powers under the Federal Arbitration Act by determining that parties affirmatively 'agreed to...more

Morgan Lewis

Supreme Court Upholds Arbitrator’s Decision Regarding Class Arbitration

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Court holds that an arbitrator did not exceed his powers under the Federal Arbitration Act in finding that class procedures were authorized because the parties agreed that the arbitrator could decide the question....more

Troutman Pepper

Supreme Court Holds That Courts Must Defer To Arbitrator’s Decision To Authorize Class Arbitration

Troutman Pepper on

On June 10, 2013, the United States Supreme Court unanimously held in Oxford Health Plans, LLC v. Sutter that an arbitrator’s decision to authorize class arbitration will not be disturbed under Section 10(a)(4) of the Federal...more

Morrison & Foerster LLP

Supreme Court Decision Highlights the Danger of Allowing an Arbitrator to Decide Whether Parties Agreed to Class Arbitration

In Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S. June 10, 2013), the Supreme Court unanimously held that where the parties to an arbitration agreement authorize the arbitrator to decide whether their agreement allows...more

BakerHostetler

Oxford Health Plans v. Sutter - The Perils of Choosing an Arbitrator to Resolve Potential "Gateway Matters"

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A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention if it disagrees with the...more

Eversheds Sutherland (US) LLP

Enforceability of Class Action Waivers in Employment Arbitration Agreements Post-Concepcion

Class action waivers in employment agreements have been a point of contention for quite some time. More often than not, courts around the country have found that employment arbitration agreements with class action waivers are...more

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