Category Archives: Uncategorized

Scott Hefner of Butler Weihmuller Katz Craig LLP offers his assessment of the North Carolina Court of Appeals decision in Mitchell v. Boswell, No. COA19-1077 (N.C. Ct. App. Nov. 3, 2020, in which the court determined that a memorandum of settlement signed by the parties’ attorneys following an ostensibly successful virtual mediation did not serveContinue reading ““North Carolina Settlements: Unsigned, Sealed, and Delivered””

This article, by Anthony Smith and James Hughes of Beale & Co., available at Lexology, discussing the United Kingdom Supreme Court decision in Halliburton Company v. Chubb Bermuda Insurance Ltd., “provides important guidance for arbitrators on the duty of impartiality and their disclosure obligations in the context of international arbitrations.”

The New Jersey Appellate Division has issued an opinion which provides exceptionally good guidance regarding the court’s role in determining whether parties entered into an enforceable arbitration agreement. In Knight v. Vivint Solar Developer, LLC, the Appellate Division remanded to the trial court with an admonition that, while issues regarding the scope of an arbitrationContinue reading “Court Emphasizes Judiciary’s Role In Determining Whether Parties Entered Into Agreement To Arbitrate”

Muhammed Faridi and Peter Shakro of Patterson Belknap Webb & Tyler LLP authored this article in JD Supra, discussing the decision in Fava v. Morgan Stanley Smith Barney, Inc., 2020 N.Y. Slip Op. 33358(U) (N.Y. Sup. Ct. Oct. 9, 2020). As the authors explain, “[t]he opinion addresses whether a party who objects to an arbitrationContinue reading ““Commercial Division Confirms Arbitration Award Entered Against Party Who Objected to the Jurisdiction of the Arbitrators but Failed to Seek a Stay of the Arbitration””

In Croasmun v. Adtalem Global Education, Inc., an Illinois District Court addressed claims brought by former students of DeVry University (renamed Adtalem) , who are seeking to recover in arbitration damages arising our of claims of consumer fraud and breach of contract. Their agreements with DeVry required arbitration before the American Arbitration Association, but counselContinue reading “Court Holds That Arbitrator, In The First Instance, Must Determine Party’s Obligation To Pay Arbitrator’s Fees”

Samura v. Savaseniorcare Administrative Services, LLC presented a Maryland District Court with the issue of whether a lawsuit by a former employee was required to be arbitrated. The court, reviewing an Employment Dispute Resolution Program Agreement, concluded that arbitration was required. However, the court turned the tables on the employer, who in addition to seekingContinue reading “Be Careful What You Ask For”

In Solomon v. Carite Corporate LLC, the Sixth Circuit overruled the District Court’s denial of summary judgment sought be an employer contending that a former employee’s claims against it and a co-employee were subject to arbitration. In addition to the appellate court finding the arbitration agreement was broad enough to encompass the claims at issue,Continue reading “Appeals Court Finds Plaintiff’s Factual Assertions Legally Insufficient To Overcome Agreement to Arbitrate”

The Ninth Circuit’s decision in Reichert v. Rapid Investments, Inc. provides a reminder that the enforceability of an arbitration provision requires the same factual analysis applicable to contracts in general. As discussed in this article by Benjamin Stearns of Carlton Fields, published in JD Supra, the court, applying Washington state law, held that two individualsContinue reading ““Determination of Valid Arbitration Agreement May Be Dependent on ‘Outward Manifestations and Circumstances Surrounding the Transaction’””

Contracting parties agreeing that disputes should be submitted to arbitration constitutes only part of the issue for negotiation. Prudent contracting also requires the parties to determine which arbitration tribunal shall administer the proceeding. Rules can vary, with meaningful impact on the course of a potential arbitration. This article, by Risteard de Paor of Dentons, publishedContinue reading ““New Arbitration Rules For New Times: ICC, LCIA or MIAC?””

In Home Inspections of VA and WV, LLC v. Hardin, the West Virginia Supreme Court reversed a lower court’s determination that a home inspection agreement did not require arbitration of a dispute with a property owner. The agreement provided as follows: ARBITRATION: Any dispute concerning the interpretation ofthis agreement or arising from this inspection report,Continue reading “West Virginia Court Broadly Interprets Contract Provision To Require Arbitration”