The AAA Commercial Rules and the Pig in a Poke: Gilbert Street Developers,...
Introduction Under the Federal Arbitration Act and federal labor law, arbitrators can decide arbitrability questions subject only to deferential review, provided the parties “clearly and unmistakably”...
View ArticleJackson v. Rent-A-Center West, Inc.: Who Gets to Decide Whether an...
I. Introduction We have explained in prior posts the First Options/AT&T Technologies rule that arbitrators get to decide arbitrability when the parties clearly and unmistakably so agree....
View ArticleSecond Circuit Arbitration Roundup 2011: January 1, 2011 – January 14, 2011
In the first two weeks of the New Year the United States Court of Appeals for the Second Circuit decided two Federal Arbitration Act cases: UBS Securities, LLC v. Voegeli, No. 10-0690-cv, slip op. (2d...
View ArticleArbitration and Mediation FAQs: What do the Terms Arbitrable, Arbitrability,...
Arbitrable, Arbitrability and Question of Arbitrability If you’ve ever been unfortunate enough to be privy to a conversation about arbitration law, you probably heard things like: “The dispute...
View ArticleGateway Keeping: The Third Circuit Joins the Sixth in Holding that Courts get...
On June 10, 2013 the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013) considered whether an arbitrator exceeded his powers under Federal Arbitration Act (“FAA”) Section...
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Third Circuit Opalinski Class Arbitration Arbitrability Case Cert. Petition...
On August 28, 2014 we posted an article discussing the United States Court of Appeals for the Third Circuit’s decision in Opalinski v. Robert Half Int’l Inc., 761 F.3d 326 (3rd Cir. 2014), which held...
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SCA v. Armstrong: Anatomy of the Lance Armstrong Arbitration Award—Part...
Part III.B.1 Panel Issue No. 1: the Armstrong Panel’s Authority to Decide the SCA Parties’ Sanctions Claims Introduction Part III.A of our Lance Armstrong Arbitration Award series identified (a) the...
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U.S. Supreme Court Grants Certiorari in Another Class Arbitration Case: Can...
On March 23, 2015 the U.S. Supreme Court granted certiorari in DIRECTV, Inc. v. Imburgia, No. 14-462. If decided on its merits, the case will be by our count the fifth U.S. Supreme Court decision...
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SCA v. Armstrong: Anatomy of the Lance Armstrong Arbitration Award—Part...
Part III.B.3 Panel’s Analysis of Whether it Had the Authority to Bind Nonsignatory Mr. Stapleton to the Lance Armstrong Arbitration Award (Panel Issue No. 2) In Part III.B.2 we explained why we...
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The Fourth Circuit: What Constitutes a Final Award and Who Makes the Call?
Final Award 2 What constitutes a “final arbitration award” for purposes of the Federal Arbitration Act is important because it bears on whether an award can be confirmed, vacated, or modified under...
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Class-Arbitration-Consent: The Eleventh Circuit Creates Circuit Split by...
Introduction Class-Arbitration-Consent 1 In prior posts we’ve discussed how footnote 2 of the U.S. Supreme Court’s decision in Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064, 2072 n.2 (2013) said...
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Delegation Provisions: SCOTUS Says Courts Must Compel Arbitration of Even...
Arbitrability questions are ordinarily for courts to decide, but parties may, by way of a “delegation provision,” clearly and unmistakably agree to submit them to arbitration. See, e.g., First Options...
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Arbitrability of Arbitrability Questions: the Second Circuit Pushes Back (a...
Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, NY 10007 In a January 16, 2019 post (here) on the U.S. Supreme Court’s decision inSchein v. Archer & White Sales, Inc., 586 U.S....
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If an Arbitration Panel Rules on an Issue the Parties did not Agree to Submit...
Introduction: Arbitration as a Way to Resolve those Disputes—and Only those Disputes—Parties Submit to Arbitrators The “first principle” of labor and commercial arbitration law is that “arbitration is...
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Does a Clear and Unmistakable Delegation Provision Require the Parties to...
Parties can, and frequently do, agree to include in their contract a so-called “Delegation Provision” that clearly and unmistakably delegates to the arbitrators questions of arbitrability. (See, e.g.,...
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Attorney Fees and Arbitrability Addressed by New York Appellate Court
In Steyn v. CRTV, LLC (In re Steyn), ____ A.D. 3d ____, 2019 N.Y. Slip Op. 5341, at *1 (1st Dep’t July 2, 2019), New York’s Appellate Division, First Department decided a case falling under the...
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