“First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause”

Brendan Cooley of Carlton Fields has this article in JD Supra, discussing the court’s decision in Trout v. Organización Mundial de Boxeo, Inc., No. 19-1068 (1st Cir. July 10, 2020), which begins as follows: “The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remanded the case to the district court to determine if the selection clause was severable from the remainder of the arbitration agreement and whether arbitration could therefore proceed. The court also rejected several other challenges to the district court’s arbitration order, including claims based on a forum selection clause, a claim of waiver, and an argument that a statutory claim was not subject to arbitration.”

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