I recently had the opportunity to exchange thoughts with fellow arbitrator Dave Reif about a topic that attorneys and clients erroneously take for granted–that the resolution of a business dispute through arbitration will remain confidential. I share with you our conversation, hoping that you find it of interest.
For those with interest or experience with religious arbitration, there is a recent noteworthy decision issued by the California Court of Appeal. The opinion in Bixler v. Superior Court for the State of California is available here. A very interesting article by Eugene Volokh discussing the appellate court’s refusal to compel arbitration of claims broughtContinue reading ““Scientology Arbitration and the First Amendment: Some Questions About Bixler v. Superior Court””
Peter Mahler of Farrell Fritz has authored this article, available at JD Supra, providing an insightful overview of the arbitrability of claims for the judicial dissolution of business entities. As Mahler notes, insofar as business entity dissolution is a creature of statute, the question of whether, and how, parties can implement or facilitate the processContinue reading ““The Skinny on Arbitrability of Judicial Dissolution Claims””
The Ninth Circuit recently reversed the trial court’s decision that the issue of arbitrability of an employee’s putative class action claims was for the arbitrator to decide. In Ahlstron v. DHI Mortgage Company, the plaintiff employee had entered into an arbitration agreement with his employer’s parent company. The arbitration agreement on its face did notContinue reading “Subsidiary Cannot Invoke Arbitration Based On Agreement Between Subsidiary’s Employee And Parent Company”
Valerie Sanders of Eversheds has this article in Lexology discussing the Eleventh Circuit’s interesting decision in McLaurin v. Terminix International Co. in which, as Ms. Sanders’ article notes, the court addressed the question of “what happens when a motion to confirm is filed early, before the three months to file a motion to vacate hasContinue reading ““Strike While the Arbitration Award Is Hot: Three-Month Window to File Motion to Vacate Does Not Prevent Earlier Confirmation””