A recent Colorado federal court decision highlights both the enforceability and limits of arbitration agreements and why the fine print matters when determining who can enforce arbitration. ...more
In Pott v. World Capital Properties, the 11th Circuit held that an international arbitral tribunal operating under the New York Convention may pierce the corporate veil to assert jurisdiction over a non-signatory to an...more
On 19 December 2025, the English High Court delivered judgment in a challenge under section 67 of the Arbitration Act 1996 (the "Act"), addressing the tribunal's jurisdiction and the authority of a law firm to bind corporate...more
While Oct. 2025 saw relatively few opinions, those published address important points including the issues faced by employers and employees and their workplace arbitration agreements. In Jones v. Homeaglow Inc., the Northern...more
The U.S. District Court for the Eastern District of Louisiana rejected an effort to avoid arbitration based on Louisiana law. The court held that federal law applied and required arbitration of claims against both domestic...more
A state appellate court in Michigan affirmed in part and reversed in part a trial court’s decision compelling arbitration and denying a motion to rescind two contracts related to a failed effort to establish a franchise...more
The High Court has recently handed down a further interesting decision in relation to the “service out” jurisdictional gateways in CPR 6.33(2B). In Campeau v Gottex Real Estate Fund I (OE) Waste S.À R.L [2025], the Court...more
In September 2025, the Fifth Circuit Court of Appeals’ Ford v. ConocoPhillips considered the availability of arbitration in a contracted employee arrangement. In the Eastern District of Texas, Bishop v. SZ DJI Tech. Co., Ltd....more
In a mobile economy, with company executives and key employees working far afield from their company’s homes and interests, the often-tricky business of personal jurisdiction has taken on new layers of complexity. In Shively...more
In a recent win for employers, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit highlighted how companies can use “incorporation by reference” to enforce arbitration agreements against workers who did...more
In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum selection and arbitration clauses in separate contracts apply to a single...more
On June 12, 2025, in Watkins v. Musk, the District of Massachusetts granted Elon Musk’s motion to dismiss a putative class action and to refer the claim to arbitration. The court ruled Musk could enforce an arbitration...more
Arbitration agreements often seem straightforward—until they unexpectedly bind parties who never signed them. The United States Court of Appeals for the Eleventh Circuit’s recent decision in Various Insurers v. General...more
Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them....more
While entity distinctness is a bedrock principle of corporate law, it may often appear redundant and unnecessary for a limited liability company (“LLC”) to sign its own operating agreement. That was likely the thinking of the...more
Frequently, employment arbitration agreements are written with the intent to apply to future disputes between an employee, the employer and the employer’s parent and sister companies....more
Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against...more
Departing from the ruling in Soltero v. Precise Distribution earlier this year, the California Court of Appeal in the Second District in Gonzalez v. Nowhere Beverly Hills LLC, created a split of authority regarding an alleged...more
In Ice Rak, LLC v. Rita’s Franchise Co., LLC, the Court enforced an arbitration agreement against a non-signatory of the same agreement because courts will consider the significance of the franchisees’ actions and...more
A Florida district court granted a motion to stay court proceedings pending arbitration between a franchisor and a third-party, non-signatory to a franchise agreement, containing an arbitration clause....more
Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more
In a recent case of first impression in Nevada, the Nevada Supreme Court found en banc that a nonsignatory to an arbitration agreement may compel another nonsignatory to arbitrate...more
A joint venture company was able to enforce a joint venture agreement despite not being a direct party or signatory to it. Canon Medical Systems, a manufacturer of medical imaging equipment, entered into an agreement with...more
Interactive Brokers LLC filed an action in the Southern District of New York seeking preliminary and permanent injunctions against an arbitration proceeding initiated by a group of non-signatories to an agreement between...more
Paychex Inc. had entered into an agreement to provide a company, Dan-Gulf Shipping Inc., with payroll-related services. The agreement contained an arbitration clause governed by the rules of the American Arbitration...more