“The Antecedent Delegation Agreement: ‘Russian Doll Questions’ Concerning a Non-Signatory to an Arbitration Agreement Remain Unresolved”

In this National Law Review article, Gilbert Samberg of Mintz offers this discussion of questions he feels remain to be decided by the United States Supreme Court regarding whether arbitrability should be decided by the court or the arbitrator: “(a) who in the first instance should decide whether there is an antecedent agreement to delegateContinue reading ““The Antecedent Delegation Agreement: ‘Russian Doll Questions’ Concerning a Non-Signatory to an Arbitration Agreement Remain Unresolved””

Party’s Failure To Attend Court-Ordered Mediation Precludes Objections To Settlement Agreement Reached By Participating Parties

Jeffrey Galvin of Downey Brand has this article, published in JD Supra, discussing the recent California appellate decision in Breslin v. Breslin, holding “that a California probate judge may order the private mediation of trust disputes and then disallow the objections of any nonparticipating parties to a settlement agreement reached in mediation.” According to the appellate decision, evenContinue reading “Party’s Failure To Attend Court-Ordered Mediation Precludes Objections To Settlement Agreement Reached By Participating Parties”

“The Northern District of Illinois Dismisses Motion to Compel Arbitration in a FDCPA Class Action, Emphasizing the Dangers of an Inadequate Corporate Declaration”

In this article, published in Lexology, Kim Gershen and Megan Burns of Troutman Pepper, discuss the decision in Frank Gilbert v. I.C. System, Inc., where the court found that a conclusory declaration regarding the plaintiff’s ostensible acceptance of arbitration terms, when he “was provided with the Terms and Conditions when he began his Sprint account”Continue reading ““The Northern District of Illinois Dismisses Motion to Compel Arbitration in a FDCPA Class Action, Emphasizing the Dangers of an Inadequate Corporate Declaration””

Court Declines To Infer Agreement To Arbitrate From Ambiguous Contract Language

In Mainthia Technologies Inc. v. Recruiting Force, LLC d/b/a Recruit Veterans, the Texas Court of Appeals affirmed a lower court’s denial of a motion to compel arbitration, for the simple reason “that a joint-venture agreement between [the parties] ‘does not include an agreement to arbitrate.’” The agreement at issue provided for an attempt to resolveContinue reading “Court Declines To Infer Agreement To Arbitrate From Ambiguous Contract Language”

“The Federal No Surprises Act and Its Arbitration Provisions”

As Gary Qualls of K&L Gates explains in this article, available at JD Supra, the recently enacted federal No Surprises Act “seeks to protect patients from so-called “surprise medical bills” in certain emergency and nonemergency settings for out-of-network patients.” The Act “establishes an arbitration process for disputes between providers and payors,” which Mr. Smalls outlinesContinue reading ““The Federal No Surprises Act and Its Arbitration Provisions””

“Arbitration vs. Litigation: More Than Just a Preference for RWI Policyholders”

A New York court’s recent decision in WPP Group USA, Inc. v. RB/TDM Investors, LLC et al provides a point of reference for this JD Supra article by Ann Terrell Dorsett, Stephen Foresta, Aaron Jaroff and Lee Royster of McGuire Woods, in which they discuss the importance to purchasers of representations and warranties insurance policy ofContinue reading ““Arbitration vs. Litigation: More Than Just a Preference for RWI Policyholders””

“2nd Circuit squelches Milberg bid to redo arbitration over unpaid $12 million fee”

Alison Frankel of Reuters has this article, discussing the Second Circuit’s decision in Milberg, LLP v. Drawrah Limited, et al. As Ms. Frankel states, “[t]he 2nd U.S. Circuit Court of Appeals made clear in a summary order Tuesday that if you’re suing a foreign defendant to vacate an arbitration award, you still have to pay heed toContinue reading ““2nd Circuit squelches Milberg bid to redo arbitration over unpaid $12 million fee””

“If You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear”

Allison Snyder of Porter Hedges LP explains the importance of clearly definited parameters of an arbitrator’s authority in her discussion of the Fifth Circuit’s decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al., denying an effort to vacate an arbitration panel’s award for exceeding its powers. The panel awarded almost $63Continue reading ““If You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear””

Court Holds That An ICC Arbitration Does Not Trigger Discovery Rights Under Section 1782

A Florida District Court has denied an application for discovery in aid of a foreign arbitration made under 28 U.S.C. Section 1782, finding that the presiding tribunal–the International Chamber of Commerce–is not a foreign or international tribunal that conforms to the statute. Affirming the decision of a Magistrate Judge, the court held in In reContinue reading “Court Holds That An ICC Arbitration Does Not Trigger Discovery Rights Under Section 1782”