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Contract Terms Arbitration Agreements

Carlton Fields

Pennsylvania’s “One-Document Rule” Invalidates Carvana’s Arbitration Agreement

Carlton Fields on

Dana Jennings and Joseph Furlong each bought a car from Carvana, a nationwide online used car dealer. On the day of their purchases, each signed three separate documents: a “retail purchasing agreement,” a “retail installment...more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

WilmerHale on

Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

Carlton Fields

New Jersey Supreme Court Reinstates Arbitrator’s Decision Demoting School Official

Carlton Fields on

Under New Jersey’s Tenure Employees Hearing Law, when a school district files tenure charges against an employee, the state commissioner of education must refer the case to arbitration if he or she determines that the charges...more

Jones Day

New Year, New Mass Arbitration Rules From the AAA

Jones Day on

On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more

Eversheds Sutherland (US) LLP

Potential pitfalls of the arbitration clause: Mass arbitrations on the rise

Eversheds Sutherland presents periodic updates to inform companies entering or already established in the US market about newly enacted rules or trends that may be traps for the unwary. The purpose of these updates is to...more

Carlton Fields

Third Circuit Affirms Order Denying Motion to Compel Arbitration After AAA Declines to Administer Arbitration

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The Third Circuit Court of Appeals has affirmed a district court decision denying defendant MicroBilt Corp.’s motion to compel arbitration, finding the plaintiff had fully complied with all provisions of her arbitration...more

Whitcomb Selinsky, PC

The Significance of Worker Classification under the Davis-Bacon Act

Whitcomb Selinsky, PC on

Arbitration and Worker Classification - In a recent court opinion from the United States Court of Appeals, Tenth Circuit, an essential dispute arose between the International Brotherhood of Electrical Workers, Local 113...more

Womble Bond Dickinson

Ninth Circuit Sets Low Bar for Challenges to Delegation Clauses in Arbitration Agreements and Allows Expansive Review by District...

Womble Bond Dickinson on

When parties are battling over whether a court should compel a putative class action to arbitration, the outcome often turns on who decides the “gateway” arbitrability issues of whether a valid arbitration agreement exists...more

Oliva Gibbs LLP

Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons

Oliva Gibbs LLP on

Arbitration clauses are gaining prominence in energy contracts due to evolving industry issues and complexities. Explore some pros and cons to help make informed contract decisions for your business in this Oliva Gibbs case...more

Allen Matkins

Can A Nonsignatory Can Another Nonsignatory To Arbitrate?

Allen Matkins on

Disputes over whether arbitration may be compelled generally fall into four categories.  First, a signatory to an arbitration agreement may seek to compel another signatory to arbitrate.  Second, a signatory may seek to...more

Cooley LLP

Commercial Court Refuses to Set Aside an Arbitration Award on Consumer Protection Grounds

Cooley LLP on

In Eternity Sky Investments Ltd v. Zhang,[1] the Commercial Court refused an application to set aside an enforcement order in respect of an award made in a Hong Kong-seated arbitration on the grounds that enforcement would be...more

Carlton Fields

Eighth Circuit: Plaintiff Waives Right to Compel Arbitration by Filing Complaint and Litigating Dispute in Court

Carlton Fields on

The Eighth Circuit Court of Appeals recently affirmed the denial of a motion to compel arbitration filed by the plaintiff in the matter. The court noted that arbitration “can be waived in a variety of circumstances, including...more

Carlton Fields

Nevada Supreme Court Reverses Order Denying Motion to Compel Arbitration

Carlton Fields on

The Nevada Supreme Court recently reversed the denial of a motion to compel arbitration, explaining that the plaintiff’s arguments that the contract at issue was illegal were not a valid basis to deny arbitration because...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Arbitration and Class Action Waivers: A Vision of a Classless Society - October 3rd, 10:00 am PT

This presentation will review best practices for ensuring agreement to arbitration clauses, drafting arbitration clauses, the plaintiff bar's ongoing efforts to invalidate the clauses and how best to craft a clause that is...more

Troutman Pepper

EDVA Judge Grants Emergency Motion to Stay Pending Arbitration Until Issue of Arbitrability Resolved

Troutman Pepper on

On June 12, Judge Hudson granted an emergency motion to stay arbitration proceedings, pending the court’s resolution of the issue of arbitrability in a case pending in the U.S. District Court for the Eastern District of...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Carlton Fields

Fifth Circuit Affirms Denial of Arbitration, Rejects Arbitration Provisions in “Battle of the Forms” Between Buyer and Seller in...

Carlton Fields on

The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more

Latham & Watkins LLP

Hong Kong Court Orders Winding-Up of Company Despite Parties’ Arbitration Agreement

Latham & Watkins LLP on

A recent ruling shows that an arbitration agreement alone is not necessarily a complete defence to a Hong Kong winding-up petition. The Hong Kong Companies Court recently issued a winding-up order against a debtor company,...more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Stoel Rives -  Ahead of Schedule

What Parties Ought To Consider When Considering Arbitration Provisions

When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...more

McGlinchey Stafford

When Do I Need to Establish Article III Standing? - McGlinchey Commercial Law Bulletin - May 2023

McGlinchey Stafford on

Ohio- Agent’s Liability Under Contract- Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more

Bradley Arant Boult Cummings LLP

Improper Application of Arbitration Clause Leads to Remand in Properplates Case

Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more

Morris James LLP

Chancery Resolves Dispute About Competing Forum Selection and Arbitration Provisions

Morris James LLP on

Fairstead Cap. Mgmt. LLC v. Blodgett, C.A. No. 2022-0673-JTL (Del. Ch. Jan. 6, 2023) - This case highlights the difficulties that can arise when relationships are governed by contracts with competing forum selection and...more

Orrick, Herrington & Sutcliffe LLP

District Court upholds arbitration in website terms of use

On March 28, the U.S. District Court for the Western District of North Carolina ruled that class members must arbitrate their claims against an online lending marketplace relating to a 2022 data breach that affected current,...more

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