An arbitration blog by Prof. Imre Szalai
Can a business entity qualify for the FAA’s transportation worker exemption? Yes. Earlier this week, the Second Circuit held that a distribution agreement signed by a corporate entity can qualify as a “contract of employment” under the transportation worker exemption Continue Reading
The Tenth Circuit recently interpreted the scope of an arbitration clause in a Chase bank account agreement, and in a divided opinion, the Tenth Circuit found that the customer’s claims, including racial discrimination claims, were covered by the arbitration clause. Continue Reading
The Supreme Court granted review earlier today in another FAA case. If a federal court stays an action pursuant to section 3 of the FAA, does the court have subject matter jurisdiction to confirm or vacate an award issued by Continue Reading
Under the principles that have developed from the Federal Arbitration Act, courts generally decide arbitrability matters, unless there is “clear and unmistakable” evidence the parties delegated arbitrability issues to the arbitrator. What counts as a “clear and unmistakable” delegation? A Continue Reading
The American Arbitration Association (AAA) announced last week that it is about to roll out an AI arbitrator. At first, this AI arbitrator will be used for documents-only, construction disputes, but next year, the AAA anticipates using the AI arbitrator Continue Reading
Earlier this week, I attended oral argument in a Second Circuit appeal regarding the FAA’s transportation worker exemption. The case is called Silva v. Schmidt Baking Distribution, LLC, No. 24-2103, and the central legal issue in this case is whether Continue Reading
I would like to highlight a recent cert petition that raises interesting questions about arbitration law and policy. The case, called Peterson v. Minerva Surgical (click here for Supreme Court filings), involves a whistleblower and an allegedly harmful medical device. Continue Reading
New York’s highest court recently issued a decision enforcing Uber’s arbitration clause. Wu v. Uber Technologies, Inc., No. 90 (N.Y. Nov. 25, 2024) (click here for a copy of the decision). The plaintiff commenced a personal injury action in court Continue Reading
Like millions of others from around the world, I tuned in to watch the Tyson-Paul fight last week on Netflix (hoping to see Iron Mike defeat both Father Time and Jake Paul). However, the livestream was plagued with buffering problems, Continue Reading
In honor of the Halloween season and Stranger Things, one of my favorite series (outside of the Star Wars universe), I recently finished writing an article about the use of artificial intelligence in arbitration, titled “Stranger Disputes: When Artificial Intelligence Continue Reading