News & Analysis as of

Federal Arbitration Act

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 

When Seeking to Compel Arbitration, a Motion to Dismiss Is Sometimes the First Step

The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., provides the usual means of enforcing an arbitration agreement by compelling a party to arbitrate rather than litigate. Thus, the FAA enables an aggrieved party to...more

New York State and City Pass Sweeping Anti-Sexual Harassment Laws Amid #MeToo

by Vedder Price on

Following on the heels of the Time’s Up and #MeToo movements, the New York State Legislature and the New York City Council have passed significant legislation aimed at providing greater protection against workplace sexual...more

Update: New York State Passes Budget, Creates New Sexual Harassment Obligations For Employers

On April 12, 2018, Governor Andrew Cuomo signed into law a 2019 New York budget implementing the provisions of S-7848A (the “Budget”). Beyond the obligations created by S-7848A, which we summarized in a previous post, the...more

Whiplash: When a Court Finds That the Parties’ Claims Are Within the Scope of a Valid Arbitration Agreement, But It Will Not...

Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS). The bank moves to compel arbitration by plaintiff one; and it moves...more

South Carolina’s Support of Arbitration Continues to Grow

by Nexsen Pruet, PLLC on

Previously, in order to have an enforceable arbitration agreement in South Carolina, the arbitration language had to appear on the pages of the contract in bold, UPPER CASE and underlined print. Now, arbitration agreements...more

California Appellate Court Rejects Legislative Attempt To Circumvent Federal Arbitration Act On Claims Involving The Ralph Act And...

by Jackson Lewis P.C. on

In Saheli v. White Memorial Medical Center (B283217, Cal. Ct. App., March 14, 2018), the Court of Appeal for the Second Appellate District addressed for the first time whether restrictions on arbitration agreements contained...more

New York State Employers Face Significant New Sexual Harassment Laws

by Fisher Phillips on

Employers operating in New York will soon face a raft of new sexual harassment laws. The state budget bill for the 2019 fiscal year approved by the New York State Legislature on March 31 and signed into law by Governor Andrew...more

Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration

The last post focused on three recent state appellate court decisions that refused to compel arbitration or vacated an award, and this follow-up post focuses on seven recent cases that are friendly to arbitration....more

Enforcement of DOL’s New Best Interest Contract Exemption’s Anti-Arbitration Condition is Enjoined

by Carlton Fields on

A number of lawsuits have been brought challenging aspects of the United States Department of Labor’s "fiduciary rule," which expanded the definition of "fiduciary" of an employee benefit plan or individual retirement account...more

NY State of Mind: New State and City Laws (Part 4)

by Reed Smith on

This is the fourth in a series of blog posts concerning recent employment law developments in New York State and City: Legislation Update: New York State Legislature Passes Sweeping Anti-Sexual Harassment Legislation...more

When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First

An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more

Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable

by Payne & Fears on

In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more

Pending New York State and City Legislation Materially Impacts Employer Policies and Practices Concerning Workplace Sexual...

by Davis Wright Tremaine LLP on

In the wake of national media coverage of sexual harassment claims and the #metoo movement, New York State and City lawmakers have proposed legislation placing more obligations on employers to address sexual harassment in the...more

Arbitrating Disputes Between Independent Contractors And Motor Carriers Under The FAA

by SmithAmundsen LLC on

On February 26, 2018, the United States Supreme Court granted the certiorari petition of a motor carrier in a case with wide-ranging implications for the enforcement of arbitration clauses in independent contractor agreements...more

#MeToo—New York Poised to Ban Non-Disclosure and Arbitration of Sexual Harassment Claims

On March 30, 2018, the New York State Assembly completed passage of the 2018-19 state budget. Undoubtedly spurred by the #MeToo movement, the final budget measure, which is expected to be signed into law by Governor Andrew...more

Financial Services Weekly News - April 2018

by Goodwin on

Editor's Note - Treasury Issues Recommendations to Modernize the Community Reinvestment Act. On April 3, the U.S. Department of the Treasury released a report containing its recommendations for modernizing the Community...more

Texas Supreme Court Victory

On February 23, the Texas Supreme Court unanimously affirmed a split decision from the Fourth Court of Appeals sitting in San Antonio in a case of first impression in Texas state courts related to the application of the...more

Sixth Circuit Finds That Compelling Arbitration Does Not Impair State Interest In Exclusive Jurisdiction Over Matter Already...

by Carlton Fields on

The Sixth Circuit Court of Appeals has found that Kentucky’s Insurers Rehabilitation and Liquidation Law (IRLL) did not reverse-preempt the Federal Arbitration Act so as to prohibit the arbitration of a dispute when that...more

The Hub: Transportation News & Insights - March 2018

by Wilson Elser on

Pre-trip Inspections: Are You Doing Enough? Every driver who earns a commercial driver’s license must demonstrate that he or she knows how to conduct a thorough pre-trip inspection. However, as technology on commercial...more

Supreme Court Grants Cert. to Determine Who Decides Arbitrability

by Goodwin on

On February 26, 2018, the Supreme Court granted certiorari in New Prime, Inc. v. Oliviera, 17-340, a First Circuit case arising from the District of Massachusetts. The case is posed to resolve a split among the circuit courts...more

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

by Carlton Fields on

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

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

by Ballard Spahr LLP on

In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

Arbitrability Basics: An Illustration of the “Autonomy” Principle

Arbitration is a creature of contract. So is the law concerning contracts with an arbitration clause the same as the law concerning any other contract? Almost. One must always bear in mind the “separability” or “independence”...more

Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?

by Pepper Hamilton LLP on

Courts determine whether a dispute is subject to arbitration, also known as questions of “arbitrability,” unless the parties agree to submit arbitrability disputes to the arbitrator. Originally published in AGC Law in...more

OnRisk: Arbitration Provisions in Insurance Policies

by K&L Gates LLP on

In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more

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