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Enforcement Arbitration Agreements

Freiberger Haber LLP

Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

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Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law. It is encouraged...more

Payne & Fears

May 2024 Case Summaries

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Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

JAMS

Do Arbitrators Have the Power to Order Third Party Discovery in California Arbitrations

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Let’s begin by defining what a “third-party subpoena” is. A third-party subpoena is any subpoena issued in the course of a proceeding to someone who is not a plaintiff, defendant or intervenor in the lawsuit, or, in the...more

King & Spalding

Switzerland’s pro arbitration and pro investors approach: An arbitration agreement binds the new State in case of secession

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In a world where country borders can be unstable and we increasingly witness aspirations to split or annex territory, foreign direct investment faces a growing risk. In a recent dispute, the Swiss Supreme Court (“SSC”)...more

Walkers

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

Walkers on

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more

Proskauer - Minding Your Business

Ninth Circuit Holds Clause Delegating Authority to Decide Arbitrability Is Valid Even If Broader Arbitration Agreement Is Not

Parties to an arbitration agreement sometimes choose to include a delegation clause, which is a provision that delegates to the arbitrator—rather than a court—gateway questions of arbitrability, such as whether the agreement...more

King & Spalding

Enforcing ICSID Arbitral Awards Against States in Switzerland - the Immunity Challenge

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Enforcing an arbitration award against a state presents unique challenges. The Swiss Federal Supreme Court recently confirmed that an award creditor seeking to attach assets belonging to a foreign state in Switzerland must...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Foley & Lardner LLP

“I Do Not Recall Signing” Defense Can Be Insufficient to Evade Arbitration

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Historically, a common tactic used by employees to evade mandatory arbitration is to claim they do not recall signing an arbitration agreement bearing their signature. In a 2021 case, Gamboa v. Northeast Community Clinic, the...more

Husch Blackwell LLP

CFPB Attempts to Expand Scope of Nonbank Surveillance

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Without its typical fanfare, the CFPB has revealed a plan to propose a rule titled “Nonbank Registration – Terms and Conditions” in its “Agency Rule List - Fall 2022.” The description of the proposed rule is scant, a mere...more

King & Spalding

Arbitrating Premature Claims: An Issue of Admissibility

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The question of whether a party’s failure to comply with a mandatory step in a multi-tiered dispute resolution clause is an issue of “admissibility” or “jurisdiction” was a hot topic in the international arbitration sphere...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Supreme Court Upholds Validity of Class-Action Waiver Clause Even In Absence of Arbitration Clause

Arbitration agreements and class-action waivers have been important tools for employers seeking to reduce expense and exposure in cases brought by employees. These legal instruments have begun to be limited, though. ...more

Perkins Coie

The Ninth Circuit Addresses Website Design for Enforceable Terms of Service

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Many companies use browsewrap or related sign-in agreements to present their terms of service for consumer acceptance. On April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms...more

King & Spalding

Badgerow v. Walters: Supreme Court Narrows Federal Court Jurisdiction Over Arbitration Awards

King & Spalding on

On March 31, the Supreme Court issued its opinion in Badgerow v. Walters, significantly narrowing federal courts’ jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act....more

McDermott Will & Emery

Recent Treasury Department Report Emphasizes Fostering Competition in Labor Markets

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Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

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New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

K&L Gates LLP

Arbitration World - November 2021

K&L Gates LLP on

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the...more

McGlinchey Stafford

Can Partial Performance Prevent The Statute Of Frauds From Barring An Oral Agreement?- The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more

ArentFox Schiff

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

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The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more

Bradley Arant Boult Cummings LLP

Drivers on the Go Say No to Arbitration in Wage Lawsuit - Labor & Employment Newsletter

Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more

U.S. Equal Employment Opportunity Commission...

Halliburton To Pay $280,000 For Breach of Settlement Agreement in EEOC Discrimination Case

Company Failed to Honor Agreement to Hire Applicant to Resolve Disability Bias Charge, Federal Agency Charged - JACKSON, Miss. - Halliburton Energy Services, Inc., an oil and gas exploration services company with...more

Holland & Knight LLP

Court Compels Plaintiff to International Arbitration with Nonsignatories

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• In Caporicci U.S.A. Corp. v. Prada S.p.A., a U.S. District Court for the Southern District of Florida judge granted a motion to compel plaintiff and defendants, and certain service providers, to arbitrate in Milan, on the...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Enforceability of Arbitration Agreement in Employee Handbook

Bass, Berry & Sims attorney Chris Lazarini analyzed a court's decision finding an arbitration agreement is valid and enforceable even when located in an employee handbook containing a general disclaimer that the handbook is...more

McDermott Will & Emery

CMS Final Rule Overhauls Long-Term Care Facility Regulations & Federal Court Blocks Enforcement of Key Provision

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The Centers for Medicare & Medicaid Services issued its long-awaited final rule on long-term care facility reform, which represents the first comprehensive change to long-term care conditions of participation since 1991. The...more

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