An arbitration blog by Prof. Imre Szalai
In Brown v. Brown-Thill, Nos. 13–1708, 13–1795, 13–1710, 13–1797 (8th Cir. Aug. 11, 2014) (click here for a copy of the decision), disputes arose between two co-trustees of a family trust, and the co-trustees had signed a broad arbitration agreement Continue Reading
The Tenth Circuit recently issued a decision addressing the scope of an arbitration clause in a poorly-drafted employment agreement. Normally, under contract law, ambiguities are construed against the drafter, who would be the employer in this case. However, because of Continue Reading
Class Arbitration: Last week, the Third Circuit joined the Sixth Circuit and issued an important decision holding that whether an arbitration agreement provides for class arbitration is presumptively an issue for a court, not an arbitrator, to decide, unless the Continue Reading
In its 2010 decision Rent-a-Center v. Jackson, the Supreme Court gave its blessing to the use of broad delegation clauses within arbitration agreements, whereby the parties agree to submit or delegate arbitrability questions to the arbitrator, such as whether the Continue Reading
Today, the California Supreme Court issued its much-anticipated decision in Iskanian v. CLS Transportation Los Angeles, LLC, No. S204032 (Cal. June 23, 2014) (click here for a copy of the decision). The underlying merits involved an employment dispute regarding overtime Continue Reading
This multi-district litigation, which involves bank customers suing for overcharges with overdraft fees, is spawning several arbitration decisions. The arbitration agreement in this case contained a delegation clause permitting the arbitrator to resolve any issue regarding the “validity, enforceability, or Continue Reading
Yesterday, a California appellate court issued a detailed, treatise-like analysis of FAA preemption, unconscionability, and delegation clauses in arbitration agreements. The court ultimately compelled arbitration of the underlying employment dispute by upholding the enforcement of a delegation clause providing that Continue Reading
A federal judge from the S.D.N.Y. recently held that Citibank’s arbitration clauses in connection with checking and savings accounts were unenforceable. See Hirsch v. Citibank, N.A., No. 12-CIV-1124 (S.D.N.Y. June 10, 2014) (click here for a copy of the decision). The Continue Reading
The federal district court for the Southern District of New York recently issued a thoughtful opinion analyzing whether the availability of class arbitration procedures is presumptively a question for a court or an arbitrator to decide (the “who decides” issue). Continue Reading
In U.S. ex rel. Paige v. BAE Systems Technology Solutions & Services, Inc., No. 13-2237 (6th Cir. May 22, 2014) (click here for a copy of the decision), the Sixth Circuit recently rejected the enforceability of an arbitration clause with Continue Reading