“Can I Enforce The Arbitration Clause In A Terminated Agreement?”

Joseph A. Apatov , Stephanie Hand-Cannane , James W. Sandy , Chase Stoecker and Alyssa Weiss of McGlinchey Stafford have this article, available at Mondaq, discussing the Ohio Court of Appeals recent decision in Franklin Dissolution L.P. v. Athenian Fund Management, Inc. As the article explains, the court held that “a party does not waive enforcement of an agreement’s arbitration provisions simply because that agreement has been terminated.” Accordingly, an investment advisor seeking payment for fees was required to take its claim to arbitration, even though the underlying agreement had been terminated by the investment fund.

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