“The Skinny on Arbitrability of Judicial Dissolution Claims”

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””

Subsidiary Cannot Invoke Arbitration Based On Agreement Between Subsidiary’s Employee And Parent Company

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”

“Strike While the Arbitration Award Is Hot: Three-Month Window to File Motion to Vacate Does Not Prevent Earlier Confirmation”

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””

“Russian Supreme Court says sanctioned persons may ignore arbitration clauses”

Igor Gorchakov and Andrey Panov of Allen & Overy have this article, available at JD Supra, discussing the Russian Supreme Court’s recent decision in Uraltransmash vs PESA, which, as the article notes, is “of great interest for every party doing business with Russian companies.” As the article explains, finding that “sanctioned persons are free toContinue reading ““Russian Supreme Court says sanctioned persons may ignore arbitration clauses””

“Arbitration Claimants Ask for Court Order Compelling UberEats to Pay AAA Fees”

Last year, in the aftermath of George Floyd’s murder, Uber adopted what it intended to be a supportive measure by freeing black-owned restaurants of delivery charges. The policy received pushback, resulting in a reverse discrimination claim by the state of Arizona that Uber subsequently settled. Additionally, and more relevant to this site, attorneys filed withContinue reading ““Arbitration Claimants Ask for Court Order Compelling UberEats to Pay AAA Fees””

“Boy Scouts bankruptcy judge ousts mediator, questioning ‘impartiality'”

In the world of ADR, questions of impartiality most often with respect to arbitration. Insofar as an arbitrator is entrusted with picking a winner in a contested proceeding, prior relationships with the parties and their counsel warrant careful scrutiny to ensure there is no explicit or inherent bias. Mediator impartiality, while certainly important, generally doesContinue reading ““Boy Scouts bankruptcy judge ousts mediator, questioning ‘impartiality’””

“Sixth Circuit emphasizes the importance of challenging an arbitration agreement’s delegation clause to allow a court to resolve the arbitration agreement’s enforceability.”

Ellen Phillips of Squire Patton Boggs has authored this article, available at The National Law Review, discussing the Sixth Circuit’s recent 2-1 decision in In re: StockX Customer Data Security Breach Litigation. As Attorney Phillips emphasizes, the case serves as a reminder that “If one wants a court to determine whether an arbitration agreement is enforceable,Continue reading ““Sixth Circuit emphasizes the importance of challenging an arbitration agreement’s delegation clause to allow a court to resolve the arbitration agreement’s enforceability.””

Federal Court Rejects Arbitration Provision As Being Contrary To Public Policy

In RTM Capital Partners, Inc. v. Barnes, a decision by my long ago law firm colleague, U.S. Magistrate Judge Dave Vatti, the court provides a detailed analysis of an arbitration provision that is worth reading in its entirety. Perhaps most interesting, however, is Judge Vatti’s view that the arbitration agreement, facially broad in that itContinue reading “Federal Court Rejects Arbitration Provision As Being Contrary To Public Policy”

“Second Circuit Affirms Judgment Confirming Dismissal of Claims on Statute of Limitations Grounds and Order Enjoining Plaintiff From Refiling His Claims”

Brendan Gooley of Carlton Fields has this article, available in JD Supra, discussing the Second Circuit’s recent decision in Hermès of Paris, Inc. v. Swain. Summarizing the court’s holding regarding the scope of matters delegated to the arbitrator, the article explains that the court “affirmed the confirmation of an arbitrator’s decision dismissing claims on statuteContinue reading ““Second Circuit Affirms Judgment Confirming Dismissal of Claims on Statute of Limitations Grounds and Order Enjoining Plaintiff From Refiling His Claims””

“Who’s in Charge Here? Federal Circuit Says An Arbitrator, not District Court, Should Decide Arbitrability”

Matthew Hurley of Mintz has this article in the National Law Review, discussing the Ninth Circuit’s recent decision in ROHM Semiconductor USA, LLC v. MaxPower Semiconductor, where, as the article notes, the court followed established precedent to hold that “an arbitrator, not a federal district court, should decide whether a dispute arising from a technologyContinue reading ““Who’s in Charge Here? Federal Circuit Says An Arbitrator, not District Court, Should Decide Arbitrability””