“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 by Christina Cerutti and David Zaslowsky of Baker McKenzie, available on Lexology. The court’s decision exemplifies the importance to contracting parties of clearly addressing the issue of arbitrability.
positivelyneutral.com 