Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more
Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more
On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator...more
Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more
The First Circuit recently denied an appeal from the District of Puerto Rico’s refusal to vacate an arbitration award. The dispute centered on a management services agreement containing an arbitration agreement that required...more
In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more