Category Archives: Uncategorized

Daniel Miller of Maurice Wutscher has this article, found in Lexology, discussing the recent California appellate decision in Banc of California, N.A. v. N977CB Holdings, LLC. The case arises from multiple agreements designed to facilitate loans for the purchase of commercial aircraft, and a separate, subsequent agreement providing for the lender’s charter of the aircraft.Continue reading ““Calif. App. Court (2nd Dist) Holds Court Should Decide Whether Parties Agreed to Arbitrate””

In Foster v. Walmart, Inc., the Eighth Circuit was confronted with claims brought by Walmart gift-card purchasers who did not receive a refund after third parties allegedly tampered with, and stole the funds that were loaded onto, the cards. Walmart sought to compel arbitration of the claims, invoking a notation on the back of theContinue reading “Eighth Circuit Provides Guidance Regarding The Enforceability Of Browsewrap Arbitration Agreements”

Dr. Markus Altenkirch and Elias Klodt of Baker McKenzie have this article, published in Lexology, reviewing international arbitration data from 2020 and comparing the information with prior years. Posing a question that is of interest to many, they ask how the various international arbitration tribunals “weather[ed] the COVID-19 storm.” The answer: “In short: they didContinue reading ““Arbitration Statistics 2020 – In Full Sail Through the COVID Storm””

In Rivers v. Pegar Investments LLC, an Arizona federal court denied a finance company’s motion to compel arbitration of claims brought by a borrower, for the reason that the company failed to timely pay the fees assessed by the American Arbitration Association. The plaintiff, aware of the parties’ arbitration provision, filed an arbitration demand withContinue reading “Failure To Pay Arbitration Fees Dooms Motion To Compel”

Today’s trip into the arbitration weeds comes via the Ninth Circuit’s decision in Brice v. Plain Green, LLC, with explanatory help provided in this article authored by Om Alladi at Proskauer, available on JD Supra. As explained by Attorney Alladi, “An interesting puzzle arises when a contract contains both of these elements: a choice-of-law clauseContinue reading ““Ninth Circuit Splits From the Second, Third and Fourth Circuits in ‘Brain Twister’ Arbitration Case””

Does this sound familiar? “The time often comes when business owners decide they no longer wish to work together. Whether certain owners will depart, or the business will be terminated altogether, the parties usually are quite angry and frustrated and they blame each other for everything. These feelings create conditions ripe for litigation. It usuallyContinue reading ““The Passionate World Of Business Divorce””

Theoretically, guardianship is temporary. A guardian is appointed to care for a ward who is incompetent. The health circumstances warranting a guardianship can change, removing the need for someone to make decisions on behalf of the ward. Against this background, the question arises as to whether a guardian can enter into a pre-dispute arbitration clause,Continue reading ““Georgia Supreme Court Sides With Nursing Home on Arbitration Issue Briefed by AGG Attorneys””

This article by Phil Loree provides a great overview of federal cases addressing claims that a party has waived its contractual right to pursue arbitration, with special attention paid to whether a showing of prejudice is required. Mr. Loree suggests that a split in the circuits makes this issue appropriate for determination by the U.S.Continue reading ““Waiver of Arbitration: Will the U.S. Supreme Court Resolve the Circuit Split Concerning Prejudice?””

The increased popularity of electronic signing of contracts has generated litigation regarding disputes over whether a party agreed to arbitrate disputes. In Valdez v. Tesla, Inc., a California court has reinforced that, once a purported electronically signed arbitration agreement is presented to the court, the party challenging the enforceability of the agreement bears the burdenContinue reading “Court Clarifies Burden Of Proving Validity Of Electronically Signed Arbitration Agreement”

Those familiar with the arbitration process understand that a court will rarely vacate an award based on the arbitrator’s substantive determinations. A court’s only concern under both federal and state statutes is that the process be procedurally fair. For example, the Federal Arbitration Act provides that an award may be vacated: “(1) where the awardContinue reading “Court Provides Guidance Regarding The Circumstances Warranting Postponement Of An Arbitration Hearing”