Arbitration Is Efficient….Or Not

David Reif shares the following cringeworthy arbitration morass in his “go to” blog: “Judge Rosenthal refers to the proceedings surrounding Sullivan v. Feldman, 2020 U.S. Dist. LEXIS 227774 (S.D. Tex. Dec. 4, 2020) as “the Bleak House of arbitration.”  The case involves, by the judge’s count, twenty-one parties spread across six different arbitrations in front of six differentContinue reading “Arbitration Is Efficient….Or Not”

Employer’s Failure To Sign Arbitration Agreement Dooms Its Motion To Compel

In Byars v. Asbury Management Services, LLC, a Mississippi District Court denied a motion by a former employer defendant to compel arbitration of claims brought by a former employee. Even though the employee had executed an arbitration agreement tendered by her employer, the employer had failed to sign the agreement. As the court noted, “[t]heContinue reading “Employer’s Failure To Sign Arbitration Agreement Dooms Its Motion To Compel”

Federal Court Approves The Mass Filing Of Individual Consumer Arbitrations

Litigation pending before a federal district court in Minnesota provides a next chapter in the response to consumer contracts that prevent class arbitrations. Those following these developments have seen in the past couple of years law firms filing numerous individual claims, each small in amount, which have served to impose upon the defendants substantial arbitrationContinue reading “Federal Court Approves The Mass Filing Of Individual Consumer Arbitrations”

Frogs, Water Lilies and Arbitration

A California appellate court has refused to enforce a contractual arbitration provision “because the clause is as inconspicuous as a frog in a thicket of water lilies.” As the court explained in Domestic Linen Supply Company, Inc. v. LJT Flowers, Inc., “Here the trial court could reasonably determine that there was no agreement to arbitrate.Continue reading “Frogs, Water Lilies and Arbitration”

California Court Rejects Arbitration Provision As Unconscionable

In Ali v. Daylight Transport, LLC, a California appellate court determined that a proposed class action lawsuit brought by truckers claiming that they were misclassified as independent contractors and thus denied certain employment benefits was not subject to arbitration, for the reason that the arbitration agreement was unconscionable and unenforceable. For interested practitioners, the opinionContinue reading “California Court Rejects Arbitration Provision As Unconscionable”

“Arbitrability Returns to the Supreme Court in Henry Schein, Inc. v. Archer & White Sales, Inc., the Sequel”

In this article, published in Lexology, Leah Mintz of Duane Morris tees up this week’s United States Supreme Court argument in Henry Schein, Inc. v. Archer & White Sales, Inc. redux, as the Court continues to provide direction on whether arbitrability questions are to be determined by courts or arbitrators.

“North Carolina Settlements: Unsigned, Sealed, and Delivered”

Scott Hefner of Butler Weihmuller Katz Craig LLP offers his assessment of the North Carolina Court of Appeals decision in Mitchell v. Boswell, No. COA19-1077 (N.C. Ct. App. Nov. 3, 2020, in which the court determined that a memorandum of settlement signed by the parties’ attorneys following an ostensibly successful virtual mediation did not serveContinue reading ““North Carolina Settlements: Unsigned, Sealed, and Delivered””

“UKSC delivers landmark judgment on arbitrator bias in the context of international arbitrations”

This article, by Anthony Smith and James Hughes of Beale & Co., available at Lexology, discussing the United Kingdom Supreme Court decision in Halliburton Company v. Chubb Bermuda Insurance Ltd., “provides important guidance for arbitrators on the duty of impartiality and their disclosure obligations in the context of international arbitrations.”

Court Emphasizes Judiciary’s Role In Determining Whether Parties Entered Into Agreement To Arbitrate

The New Jersey Appellate Division has issued an opinion which provides exceptionally good guidance regarding the court’s role in determining whether parties entered into an enforceable arbitration agreement. In Knight v. Vivint Solar Developer, LLC, the Appellate Division remanded to the trial court with an admonition that, while issues regarding the scope of an arbitrationContinue reading “Court Emphasizes Judiciary’s Role In Determining Whether Parties Entered Into Agreement To Arbitrate”

“Commercial Division Confirms Arbitration Award Entered Against Party Who Objected to the Jurisdiction of the Arbitrators but Failed to Seek a Stay of the Arbitration”

Muhammed Faridi and Peter Shakro of Patterson Belknap Webb & Tyler LLP authored this article in JD Supra, discussing the decision in Fava v. Morgan Stanley Smith Barney, Inc., 2020 N.Y. Slip Op. 33358(U) (N.Y. Sup. Ct. Oct. 9, 2020). As the authors explain, “[t]he opinion addresses whether a party who objects to an arbitrationContinue reading ““Commercial Division Confirms Arbitration Award Entered Against Party Who Objected to the Jurisdiction of the Arbitrators but Failed to Seek a Stay of the Arbitration””