Author Archives: Robert Harris

It is not unusual for attorneys to ignore a contractual arbitration provision and institute litigation to pursue a client’s claim. A defendant that wants to take advantage of the arbitration provision will then typically move to compel arbitration. Sometimes, they will bolster the motion either in court or the ensuing arbitration by adding a counterclaimContinue reading “Attorney Sanctioned For Filing Suit While Ignoring Arbitration Provision”

What happens when an arbitration tribunal refuses to administer a case due to a party’s refusal to pay required fees? Can a court compel payment? Not according to the Second Circuit’s recent decision in Frazier v. X Corp., holding that an employer’s refusal to pay JAMS administrative fees did not constitute a “failure, neglect, orContinue reading “Second Circuit Holds That Company’s Refusal To Pay Arbitration Fees Does Not Constitute A “Failure, Neglect, Or Refusal To Arbitrate””

As discussed by Jared Slater, of Ervin Cohen & Jessup, in this article available at JD Supra, the California Court of Appeal rendered unenforceable an arbitration agreement that a new employee was required to sign as one of 31 documents presented to her by a human resources manager at the outset of her first dayContinue reading ““Surprise! Misleading Statements and Time Pressure May Render an Employer’s Arbitration Agreement Unenforceable””

In this article published by Lexology, Lelia Ledain, of Covington & Burling, discusses the Eleventh Circuit’s recent decision in Merritt Island Woodwerx LLC et al. v. Space Coast Credit Union. The court affirmed the denial of a company’s motion to compel arbitration in a consumer dispute where the company had failed to timely submit itsContinue reading ““Eleventh Circuit Decision Underscores Importance of Complying with AAA Rules””

Parties sometimes do not fully appreciated the added value provided by tribunals such as the American Arbitration Association. This article by David Taylor at Bradley Arant, published at Lexology, discusses potential pitfalls parties face when they decide to forego the services of an arbitration tribunal.

Thanks to the American Arbitration Association for inviting me to offer my thoughts as to how individual mediation may be a viable alternative to mass arbitration of consumer and employment disputes. This article recently appeared in Dispute Resolution Journal® (a publication of the American Arbitration Association—International Centre for Dispute Resolution). 

“[U]unwary employers may see a spike in sexual harassment claims, regardless of merit, if only to allow the employee to escape an otherwise valid arbitration agreement.” Such is the prediction of Jared Slater, an attorney with Ervin Cohen & Jessup LLP, in this article, available in JD Supra. Attorney Slater reviews two recent California decisionsContinue reading ““Single Sexual Harassment Claim Eliminates Arbitration of All Employment-Related Claims in the Same Case””

Arbitration provisions sometimes strive to capture activity that occurs after the initial interaction which precipitated the agreement in the first place. This article, by Patrick Curran at Davis Wright Tremaine, and available at Lexology, addresses two judicial decisions that rejected attempts to invoke arbitrability for downstream events.