“Second Circuit affirms order denying motion to compel arbitration”

“In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022), the Second Circuit affirmed order denying motion to compel arbitration, holding that there was not clear and unmistakable evidence in the parties’ contract of an intent to arbitrate arbitrability and that the appellant’s claims were not subject to arbitration.” So begins this article byContinue reading ““Second Circuit affirms order denying motion to compel arbitration””

“Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals”

In this article, available on JD Supra, Joseph Palmore and Adam Sorensen of Morrison & Foerster discuss the Supreme Court’s recent grant of certiorari. The court’s decision will have a meaningful impact on the timing of certain disputes emanating from agreements with arbitration provisions, as it will determine whether cases can proceed in a lowerContinue reading ““Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals””

“Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting”

Rebecca Gobeil of Gordon Rees offers valuable insights to contract drafters in this article available at Lexology. Although Attorney Gobeil’s focus is on construction contracts, the thought process suggested is valuable in all commercial agreements. I particularly endorse her suggestion that a “great option” is to provide for mediation as a condition precedent to theContinue reading ““Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting””

“Estop And Think: How Equitable Estoppel Can Compel Your Client To Arbitrate”

Questions about whether a non-party is to be brought within the ambit of an arbitration agreement is an ongoing issue when disputes arise. This article, by Joshua Barlow and Aakruti Vakharia of Haug Partners, available at JD Supra, provides an insightful discussion, including a review of relevant case law.