Author Archives: Robert Harris

“Sixth Circuit Affirms Ruling That Arbitrator Is to Determine Arbitrability of Employment Dispute Between Franchise Employees and Domino’s.” Carlton Fields provides this article in JDSupra, discussing the Sixth Circuit’s recent ruling in Blanton v. Domino’s Pizza Franchising LLC, No. 19-2388 (6th Cir. June 17, 2020), determining that an arbitrator should determine the arbitrability of classContinue reading “Arbitrability of Class Action Claims Against Non-Signatory Franchisor Are For the Arbitrator To Determine”

“Non-signatories Are Bound To Arbitration Agreement – You Know, the Ones That Did NOT Sign the Contract.” Jacob M. Davis has this article in the National Law Review, discussing a California federal court’s recent opinion in  Bentley v. Control Grp. Media Co., No. 19-CV-2437-DMS-RBB, 2020 U.S. Dist. LEXIS 118076 (S.D. Cal. July 6, 2020).

The Second Circuit has reaffirmed its prior holding that a private international commercial arbitration is not “a proceeding in a foreign or international tribunal” within the meaning of 28 U.S.C. Section 1782(a), which is the statute that authorizes federal courts to compel discovery. Thus, while acknowledging that other courts have taken a different view, theContinue reading “Second Circuit Holds That Federal Law Does Not Compel Discovery In Private International Commercial Arbitrations”

Attention sailing fans. This article by Richard Gladwell in Sail-World informs us that “[a] Mediation, by the America’s Cup Arbitration Panel Chairman, has been successfully concluded between the teams representing Luna Rossa, the team of the Italian Challenger of Record and the Defender, Emirates Team New Zealand.” The dispute reportedly involved cost sharing obligations.

According to this article in the National Law Review, “[t]he Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process.” The EEOC press release announcing the program is available here.

Bloomberg Law has this article, which states that “AltaCorp shouldn’t be subject to Financial Industry Regulatory Authority arbitration proceedings because the Canadian investment firm was never a member of the self-regulatory organization, the complaint filed Tuesday in the U.S. District Court for the Southern District of New York said.” The complaint is available here.

Having received a favorable arbitration award entitling it to payment for construction services rendered to a veterinary clinic, the contractor sought in the judicial confirmation proceedings to recover its attorneys’ fees as the prevailing party pursuant to a provision in the contract. Standing in its way was a finding by the arbitrator that the clinicContinue reading “Arbitrator’s Finding That A Contract Was Procured By Fraud Precludes Prevailing Party From Recovering Attorneys’ Fees Under The Contract”

“Instant Checkmate, Truthfinders Compel Arbitration in Class Suit.” Holly Barker has this article in Bloomberg Law, which begins, “The Control Group Media Co., the holding company for Instant Checkmate LLC and Truthfinders, won its motion to compel arbitration in a proposed class action alleging that the “people search” services failed to remove expunged and sealedContinue reading “Court Rules In Favor Of Arbitration In Class Action Challenge”

“New York Court’s Approach to the Finality of Arbitration Awards.” In this article in Law.com Julia A. Cort discusses finality in light of the New York Court of Appeals decision in American International Specialty Lines Insurance v. Allied Capital Corp.

In HCB Enterprises, LLC v. Dickey’s Barbecue Restaurants, Inc., a restaurant franchisee, having filed for bankruptcy under Chapter 11, filed a plan that purported to reject the arbitration clauses in agreements with a creditor. The court rejected the debtor’s attempt to avoid arbitrating disputes, holding that, under recent Supreme Court precedent, a rejection of contractContinue reading “Bankruptcy Filing Does Not Abrogate Contractual Arbitration Provision”