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1,836 results on '"Arbitration Act"'

1. Liberty, Equality, & Solidarity: A Constitutional Defense of Modern Work Law.

Author

Phillips, Blake

Subjects
Balancing tests (Law) -- History -- Analysis, Equity (Law) -- Laws, regulations and rules, Collective bargaining -- Laws, regulations and rules, Labor unions -- Organizing, Labor law -- Evaluation -- History, Solidarity -- Laws, regulations and rules, Constitutional law -- Interpretation and construction, Conspiracy -- Laws, regulations and rules, Lochner v. New York (198 U.S. 45 (1905)), Government regulation, National Labor Relations Act, Arbitration Act
Abstract

I. INTRODUCTION 394 II. THE HISTORY OF LIBERTY IN 397 FREE AMERICAN WORK LAW A. Pre-Industrial Era 398 1. The English Implied Term of One-Year 398 2. Forming a Union [...], American work-law jurisprudence reflects a tension between the legal conceptions of positive and negative liberty. Which of these conceptions predominates has varied across historical periods, with judicial support for negative liberties reaching its apex during the Lochner era and waning during the New Deal. The Supreme Court has recently decided two lines of cases concerning the Federal Arbitration Act and the National Labor Relations Act that indicate that judicial opinion is swinging back in favor of strong negative liberties at the expense of congressionally enshrined positive liberties. This shift appears to be grounded in an understanding of the Constitution that favors absolute negative liberty, even where it conflicts with democratically selected positive liberties. This understanding of the Constitution is out of step with how the Framers understood the constitutional balance between negative and positive liberties. Subsequent Amendments have only further strengthened constitutional protections for positive liberties. Not only is the shift back towards a negative-liberty view of the Constitution anachronistic, it threatens the wellbeing of workers in the United States. Statutorily protected positive liberties reinforce worker's ability to vote, build wealth, and hold their employers accountable. Without these protections, the legal and economic landscape is likely to return to that which existed during the Gilded Age, not that which the Framers envisioned.

Published
2024

2. THE MARKET PARTICIPANT DOCTRINE AND FORCED ARBITRATION.

Subjects
Commercial arbitration -- Laws, regulations and rules, Hughes v. Alexandria Scrap Corp. (426 U.S. 794 (1976)), Government regulation, National Labor Relations Act, Arbitration Act, United States Constitution (U.S. Const. art. 1, s. 8, cl. 3)
Abstract

The majority of private sector, nonunion workers and e-commerce transactions are subject to arbitration agreements, which require litigating disputes in private, often confidential, proceedings, rather than in courtrooms. (1) Paired [...]

Published
2024

3. The Federal Arbitration Act and Class Action Waivers

Author

Adkins, Bryan L.

Subjects
Commercial arbitration agreements -- Laws, regulations and rules, Class actions (Civil procedure) -- Laws, regulations and rules, Government regulation, Government, Arbitration Act
Abstract

September 13, 2024 Arbitration agreements have become ubiquitous and are used in a wide range of contexts, including business-to-business contracts, employment contracts, collective bargaining agreements, and consumer contracts. For example, [...]

Published
2024

4. The Death Knell and the Wild West: Two Dangers of Domestic Discovery in Foreign Adjudications.

Author

Collins, Shay M.

Subjects
Commercial arbitration agreements -- Laws, regulations and rules, Jurisdiction -- Laws, regulations and rules, Stays of execution, proceedings, etc. -- Laws, regulations and rules, Legal formalism -- Analysis, Equality before the law -- Laws, regulations and rules, Criticism, Textual -- Analysis, Foreign corporations -- Laws, regulations and rules, Appellate procedure -- Laws, regulations and rules, Discovery (Law) -- Laws, regulations and rules, Due process of law -- Analysis, ZF Automotive US, Inc. v. Luxshare, Ltd. (142 S. Ct. 1203 (2022)), Government regulation, Judicial Code (28 U.S.C. 1782(a)), Arbitration Act, United States Constitution (U.S. Const. amend. 5) (U.S. Const. amend. 14)
Abstract

TABLE OF CONTENTS INTRODUCTION I. THE HISTORY AND CURRENT STATE OF [SECTION] 1782(A) PRACTICE A. The Evolution of [section]l 782(a)'s Text B. Notable Omissions from [section] 1782(a) C. Intel Corp. [...], Under 28 U.S.C. [section] 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in--or testimony from a person residing in--the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, [section] 1782(a) practice has operated as a procedural Wild West. Judges routinely consider [section] 1782(a) applications ex parte--that is, without giving the parties subject to the resulting discovery orders a chance to oppose them--and grant those applications at a staggering rate: more than 90% of the time. In its June 2022 decision in ZF Automotive US, Inc. v. Luxshare, Ltd., the Supreme Court transformed [section] 1782 jurisprudence for the worse. The Court held that private arbitral tribunals do not fall under [section] 1782(a)'s scope and that, as a result, parties cannot obtain discovery for use in foreign private arbitration under the provision. This Note argues that, after ZF Automotive, [section] 1782(a) jurisprudence contains two dangers: (1) it subjects some parties to burdensome discovery orders with few procedural safeguards, and (2) it prevents parties who have chosen to arbitrate rather than litigate from obtaining discovery entirely. This Note contributes to existing scholarship by proposing structural changes that would improve [section] 1782(a) practice. Specifically, it argues that courts cannot root out the procedural flaws that plague [section] 1782(a), and that, consequently, Congress should enact a new and improved [section] 1782 to address these manifold problems.

Published
2023

5. PLAYING THE UNFAIR GAME: APOSTATES, ABUSE & RELIGIOUS ARBITRATION.

Author

Floyd, Thomas

Subjects
Sexual abuse -- Laws, regulations and rules, Scientology -- Evaluation, Apostasy -- Laws, regulations and rules, Arbitration (Administrative law) -- Laws, regulations and rules -- Religious aspects, Freedom of religion -- Laws, regulations and rules, Garcia v. Church of Scientology Flag Services Org. (No. 18-13452 (11th Cir. Nov. 2, 2021)), Bixler v. Church of Scientology International (No. 19STCV29458 (Super. Ct. Cal. Aug. 22, 2019)), Government regulation, Arbitration Act, United States Constitution
Abstract

TABLE OF CONTENTS INTRODUCTION: THE UNFAIR GAME 224 I. THE ARENA: STATE OF THE LAW ON ARBITRATION 227 A. The Rise of Arbitration in the American Court System 227 B. [...]

Published
2023

6. THE CURRENT LANDSCAPE ARBITRATION OF FORCED: Get up to date on recent developments and how corporations continue to use this one-sided process to limit access to justice.

Author

Polk, Adam and Isern, Jordan

Subjects
Corporate governance -- Laws, regulations and rules, Motions (Law) -- Laws, regulations and rules, Stays of execution, proceedings, etc. -- Laws, regulations and rules, Corporate social responsibility -- Laws, regulations and rules, Contracts, Unconscionable -- Laws, regulations and rules, Waiver (Civil procedure) -- Laws, regulations and rules, Labor arbitration -- Laws, regulations and rules, Appellate procedure -- Laws, regulations and rules, Coinbase, Inc. v. Bielski (143 S. Ct. 1915 (2023)), Government regulation, Arbitration Act
Abstract

In recent years, would-be litigants have been increasingly cast out of court and funneled into black-box forced arbitration tribunals to resolve legal disputes. Studies have found that approximately 80 of [...]

Published
2023

7. Does the Federal Arbitration Act's Exemption for Workers Engaged in Interstate Commerce Apply to Commercial Truck Drivers Not Employed by a Transportation Company?

Author

Weisenfeld, David

Subjects
United States. Supreme Court -- Negotiation, mediation and arbitration, Flowers Foods Inc. -- Negotiation, mediation and arbitration, Workers -- Negotiation, mediation and arbitration, Truck drivers -- Negotiation, mediation and arbitration, Transportation, Baked products industry -- Negotiation, mediation and arbitration, Transportation industry -- Negotiation, mediation and arbitration, Labor contracts, Interstate commerce, Law, Arbitration Act
Abstract

CASE AT A GLANCE The Supreme Court is being asked to decide whether workers actively engaged in interstate commerce must also be employed by a company in the 'transportation industry' for their employment disputes to be exempt from the Federal Arbitration Act. The exemption covers seamen, railroad employees, and any other workers engaged in foreign or interstate commerce., Introduction The Federal Arbitration Act (FAA) sets forth a policy that generally favors the enforcement of arbitration agreements. But the FAA exempts the employment contracts of seamen, railroad employees, or [...]

Published
2024

8. Uncovering a Middle Path in Arbitration.

Author

Fisher, Gideon and Alberstein, Michal

Subjects
Commercial arbitration agreements -- Laws, regulations and rules -- Comparative analysis, Consent (Law) -- Laws, regulations and rules, Contracts, Unconscionable -- Laws, regulations and rules, Class actions (Civil procedure) -- Laws, regulations and rules, Labor disputes -- Comparative analysis -- Laws, regulations and rules, Waiver (Civil procedure) -- Laws, regulations and rules, Injunctions -- Laws, regulations and rules, Law reform -- Evaluation, AT&T Mobility L.L.C. v. Concepcion (131 S. Ct. 1740 (2011)), Government regulation, Israel. Arbitration Act 1968, Arbitration Act
Abstract

I. Introduction Arbitration has been integrated in various ways across legal systems. (1) It has sometimes been criticized as privatizing many disputes without ensuring the free and willing consent of [...], We compare two polar approaches to domestic arbitration--the centralized U.S. policy on arbitration, which permits extensive use of arbitration, and Israel's restrictive policy on arbitration, which is inspired by European policy yet takes an even more cautious approach. Focusing on consumer agreements, employment contracts, class action, and interim relief, we show that comparing the two approaches can help uncover a middle path to arbitration, which may hearken back to the requirement of consent, constructed anew. The article provides a theoretical basis for consent in arbitration as a moderating force that can ground this method of dispute resolution and conserve its benefits. Critics of arbitration have often proposed steps to liken it to adjudication (e.g., in terms of discovery and rules of evidence) to rein in potential imbalances. We suggest a different approach, which prevents its transformation into an institutionalized form of adjudication while reducing the potential for its abuse.

Published
2023

9. Clear and Unmistakable for Whom? Arbitral Rules, Unsophisticated Parties, and the Clear and Unmistakable Standard.

Author

Shreffler, Henry

Subjects
Unfair labor practices -- Laws, regulations and rules, Delegation (Civil law) -- Laws, regulations and rules, Contracts, Unconscionable -- Laws, regulations and rules, Commercial arbitration -- Laws, regulations and rules, Judicial review of administrative acts -- Laws, regulations and rules, Intent (Law) -- Laws, regulations and rules, Government regulation, Family and Medical Leave Act of 1993, Arbitration Act
Abstract

Introduction Jennifer Howard had been a manager at Rent-A-Center for two years when she found out she was pregnant. (1) But Rent-A-Center did not share in her joy: a supervisor [...]

Published
2023

10. CAPRIOLE V. UBER TECHNOLOGIES INC.: THE COURT SPLIT OVER THE INTERSTATE COMMERCE WORKER EXEMPTION OF THE FEDERAL ARBITRATION ACT.

Author

Sellers, Spencer

Subjects
Unfair labor practices -- Laws, regulations and rules, Employee benefits -- Laws, regulations and rules, Commercial arbitration -- Laws, regulations and rules, Worker classification -- Laws, regulations and rules, Wages -- Laws, regulations and rules, Interstate commerce -- Laws, regulations and rules, Capriole v. Uber technologies, Inc. (460 F. Supp. 3d 919 (N.D. Cal. 2020)), Government regulation, Salary, Employee benefits, Arbitration Act
Abstract

INTRODUCTION Uber and Lyft are the two largest examples of what are colloquially known as ride-share companies. (1) Put simply, these companies operate by connecting ride share drivers ("Drivers") with [...]

Published
2023

11. Recognizing the Need for Excluding Employment Contracts: A Proposal to Amend the Federal Arbitration Act.

Author

Proudfoot, Briana N.

Subjects
Employment discrimination -- Laws, regulations and rules, Duress (Law) -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Public policy (Law) -- Laws, regulations and rules, Waiver (Civil procedure) -- Laws, regulations and rules, Labor arbitration -- Laws, regulations and rules, Law reform -- Evaluation, Morgan v. Sundance, Inc. (596 U.S. 411 (2022)), Government regulation, Arbitration Act
Abstract

"Courts have little leeway to avoid enforcement of an arbitration clause. Indeed, the United States Supreme Court has spilt much ink reinforcing the power and scope of the Federal Arbitration [...]

Published
2023

12. Corporate Veil Piercing Remains Powerful Tool In New York-Seated Arbitrations

Author

Conlon, John M.

Subjects
United States. District Court. Southern District of New York -- Powers and duties, Commercial arbitration -- Laws, regulations and rules, Disregard of corporate entity -- Laws, regulations and rules, Government regulation, Business, international, Arbitration Act
Abstract

In October 2024 an attempt by Egyptian businessman Michel Lakah to set aside a 2018 ICDR award was rejected by the United States District Court for the Southern District of [...]

Published
2024

13. Arbitration in English law and society before the Act of 1698

Author

Kelsoe, Julia and Smith, David L.

Subjects
347, Arbitration, Arbitration Act, Seventeenth century
Abstract

The practice of arbitration in seventeenth-century England has not been the subject of close study. Whilst it is recognised that arbitration was a frequent and favoured means to resolve disputes during this period, previous historians of law and social relations have focused their interests elsewhere. For this reason, little has been done to account for the passing of the Arbitration Act of 1698, the first statute on arbitration to be enacted in England. The statute authorised the common law courts to imprison individuals for contempt of court if they did not comply with an arbitration, thereby instituting a procedure that is dissonant with the conciliatory or 'neighbourly' view of arbitration espoused by historians. The aim, then, of this dissertation is two-fold. First, it seeks to examine the structure and practice of arbitration in seventeenth-century England to provide an introduction to the topic that is long overdue. This will offer the opportunity to question some of the prevailing assumptions about the process, and it will be argued that arbitration was often far more coercive and law-related than previous scholars have indicated. Second, the dissertation seeks to explain why the Arbitration Act of 1698 was made. By analysing the development of the enforcement procedure on which the statute was based and the circumstances surrounding its drafting and enactment, it will be argued that the making of the Arbitration Act was in fact a two-stage process, the stages of which were largely unconnected to one another. Whereas the enforcement procedure the statute authorised first arose to ensure the specific performance of an award, the decision made as a result of an arbitration, the statute itself was passed to address political and commercial exigencies of the 1690s.

Published
2021
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14. It Shouldn’t Be This Easy to Sign Away Your Right to a Trial

Author

Coy, Peter

Subjects
Commercial arbitration, Arbitration Act
Abstract

A century ago, arbitration was a hot item. President Calvin Coolidge signed the Federal Arbitration Act on Feb. 12, 1925. It recognized private dispute resolution as a valid alternative to […]

Published
2024

15. The Enforcement Opportunity: From Mass Arbitration to Mass Organizing.

Subjects
Labor law -- Interpretation and construction, Labor contracts -- Interpretation and construction -- Usage -- Ethical aspects, Labor arbitration -- Laws, regulations and rules -- Usage -- Public opinion, Government regulation, National Labor Relations Act, Arbitration Act
Abstract

Over the past thirty years, mandatory arbitration clauses have proliferated in employment contracts, preventing more than sixty million American workers from vindicating their civil rights in a courtroom and forcing [...]

Published
2023

16. Mass Arbitration: Altering the Litigation Landscape.

Author

Miller, Zachary D., Ranlett, Kevin S., and Friedman, Rachel R.

Subjects
Commercial arbitration agreements -- Laws, regulations and rules -- Analysis -- Surveys, Class actions (Civil procedure) -- Remedies -- Laws, regulations and rules -- Surveys, Costs (Law) -- Surveys, Waiver (Civil procedure) -- Laws, regulations and rules -- Remedies -- Surveys, Exclusive and concurrent legislative powers -- Surveys, Mass tort suits -- Surveys, Arbitration Act
Abstract

INTRODUCTION (1) For years, the Annual Survey has covered the consistently favorable treatment that federal courts, including the U.S. Supreme Court, have shown to the Federal Arbitration Act ("FAA") (2) [...]

Published
2023

17. 2022: A Supreme Year for Arbitration Decisions, and Congress Amends the FAA.

Author

Kaplinsky, Alan S., Levin, Mark J., and Bryce, Jr., Martin C.

Subjects
Class actions (Civil procedure) -- Surveys, Judicial assistance -- Surveys, Commercial arbitration -- Surveys, Waiver (Civil procedure) -- Surveys, Exclusive and concurrent legislative powers -- Surveys, Discovery (Law) -- Surveys, United States. Supreme Court -- Surveys, California. Private Attorneys General Act of 2004, Judicial Code (28 U.S.C. 1782), Arbitration Act, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Abstract

INTRODUCTION (1) In 2022, the U.S. Supreme Court issued five opinions dealing with a variety of Federal Arbitration Act ("FAA") (2) issues: Viking River Cruises, Inc. v. Moriana (3) held [...]

Published
2023

18. When a Party Appeals a District Court's Denial of a Motion to Compel Arbitration, Does the Appeal Require a District Court to Stay Proceedings in the Underlying Case?

Author

Schwinn, Steven D.

Subjects
Coinbase Inc. -- Negotiation, mediation and arbitration -- Political activity, Courts -- United States, Appellate procedure -- Political aspects, Law, Arbitration Act
Abstract

CASE AT A GLANCE Coinbase users sued the corporation for various violations of state and federal law. Coinbase moved to compel arbitration pursuant to the arbitration clause in its User Agreement, but the district courts rejected the motions. Coinbase appealed under a provision of the Federal Arbitration Act. The corporation also moved to stay the proceedings in the district courts pending the outcome of its appeals. But the courts denied those motions, too. This case involves those denials., Coinbase, Inc. v. Bielski Docket No. 22-105 Argument Date: March 21, 2023, From: The Ninth Circuit Introduction Section 16(a) of the Federal Arbitration Act authorizes a party to immediately appeal [...]

Published
2023

19. Strategic Use Of Arbitration Provisions In Nonprofits' Contracts

Author

Glynn, Sean W.

Subjects
Commercial arbitration agreements -- Laws, regulations and rules, Nonprofit organizations -- Contracts, Government regulation, Contract agreement, Business, international, Uniform Arbitration Act, Arbitration Act
Abstract

In the nonprofit sector, organizations often face unique legal challenges that require efficient and cost-effective dispute resolution mechanisms. Arbitration provisions in contracts can offer nonprofits a strategic advantage by providing [...]

Published
2024

20. Eleventh Circuit's Latest Decision In Corporacion AIC Highlights Narrow Review Of International Arbitration Awards

Author

Smith, Christopher S.

Subjects
United States. Court of Appeals for the 11th Circuit -- Powers and duties, International mediation -- Laws, regulations and rules, Commercial arbitration -- Laws, regulations and rules, Government regulation, Business, international, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Arbitration Act, Foreign Corrupt Practices Act of 1977
Abstract

On October 16, 2024, the U.S. Eleventh Circuit Court of Appeals issued its latest decision in Hidroeléctrica Santa Rita S.A. v. Corporación AIC, SA, a long-running dispute over the potential [...]

Published
2024

21. A Trio Of Arbitration Cases: Clarifying The Scope Of The Federal Arbitration Act

Author

West, Ben

Subjects
Commercial arbitration agreements -- Cases, Company legal issue, Business, international, Arbitration Act
Abstract

Nearly 100 years ago, the Federal Arbitration Act (FAA) was enacted on the straightforward principle that 'arbitration agreements are enforceable.' Since its enactment, the meaning and scope of the FAA [...]

Published
2024

22. Eleventh Circuit Holds Public Policy Is Not Grounds To Vacate Arbitration Award, Affirms $187.9 Million Award Against Venezuelan State-owned Mining Entity

Author

Mullins, Ed

Subjects
Commercial arbitration -- Laws, regulations and rules, Judicial review -- Laws, regulations and rules, Government regulation, Business, international, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Arbitration Act
Abstract

Key takeaways The Eleventh Circuit has confirmed that under Chapter 1 of the FAA, public policy cannot serve as a basis for vacating an arbitration award, affirming the restrictive limits [...]

Published
2024

23. California Court Of Appeal Reaffirms Disapproval Of 'Browsewrap' Agreements To Arbitrate

Author

Moreno, Alejandro

Subjects
California. Courts of Appeal -- Cases, Commercial arbitration agreements -- Cases, False advertising -- Cases, Web sites -- Cases, Informed consent (Medical law) -- Cases, Judgments -- Cases, Contracts -- Cases, Company legal issue, Company Web site/Web page, Business, international, Arbitration Act
Abstract

Consent is generally a precondition to an enforceable contract. Some website operators have attempted to enforce arbitration clauses set forth in the terms and conditions listed on their websites just [...]

Published
2024

24. Bankruptcy's Arbitration Countercurrent and the Future of the Debtor Class.

Author

Bruce, Kara J.

Subjects
Commercial arbitration agreements -- Laws, regulations and rules, Class actions (Civil procedure) -- Laws, regulations and rules, Contracts, Unconscionable -- Laws, regulations and rules, Bankruptcy law -- Evaluation, Waiver (Civil procedure) -- Laws, regulations and rules, Discharge of contracts -- Laws, regulations and rules, Covenants not to sue -- Laws, regulations and rules, AT&T Mobility L.L.C. v. Concepcion (131 S. Ct. 1740 (2011)), American Express Co. v. Italian Colors Restaurant (133 S. Ct. 2304 (2013)), Epic Systems v. Lewis (138 S. Ct. 1612 (2018)), Government regulation, National Labor Relations Act, Arbitration Act
Abstract

Introduction I. Arbitration's Effect on Class Actions A. The "Strong Federal Policy in Favor of Arbitration" B. Class Action Waivers in Consumer Contracts of Adhesion 1. Unconscionability Challenges and AT&T [...]

Published
2022

25. Reframing Arbitration & Bankruptcy.

Author

Lawless, Robert M.

Subjects
Arbitration (Administrative law) -- Laws, regulations and rules -- Management, Bankruptcy discharge -- Laws, regulations and rules -- Remedies, Government regulation, Company business management, Arbitration Act
Abstract

I. Introduction II. The Basics A. The Federal Arbitration Act B. The Bankruptcy Code III. The Mistakes A. Forget the Core B. The Irrelevance of "Policy" C. There Is No [...]

Published
2022

26. Arbitration Agreements as Executory Contracts in Bankruptcy After Mission Prod. Holdings, Inc. v. Tempnology, LLC.

Author

Ware, Stephen J.

Subjects
Bankruptcy reorganizations -- Contracts -- Laws, regulations and rules -- Remedies, Arbitration (Administrative law) -- Laws, regulations and rules -- Management, Mission Product Holdings v. Tempnology L.L.C. (139 S. Ct. 1652 (2019)), Government regulation, Company business management, Contract agreement, Company bankruptcy, Bankruptcy Code of 1978 (11 U.S.C. 365), Arbitration Act
Abstract

Introduction I. Arbitration Agreements as Executory Contracts in Bankruptcy A. Basics of Bankruptcy Code [section] 365 1. The Bankruptcy Estate May Assume or Reject an Executory Contract 2. Consequences of [...]

Published
2022

27. The Bankruptcy Tribunal.

Author

Casey, Anthony J. and Macey, Joshua C.

Subjects
Arbitration (Administrative law) -- Laws, regulations and rules -- Management, Bankruptcy courts -- Practice -- Powers and duties, United States. Bankruptcy Courts -- Powers and duties -- Practice, Government regulation, Company business management, Arbitration Act
Abstract

INTRODUCTION The United States Bankruptcy Code (the Code) (1) and the Federal Arbitration Act (FAA) (2) are powerful statutory schemes. Each one demands a broad scope of influence and preempts [...]

Published
2022

28. The Uneasy Relationship Between Arbitration and Bankruptcy.

Author

Hamer, Michelle M.

Subjects
Arbitration (Administrative law) -- Laws, regulations and rules -- Management, Bankruptcy law -- Management -- Remedies, Government regulation, Company business management, Arbitration Act
Abstract

Bankruptcy law seeks to collect and resolve all disputes against a debtor in one forum, namely the bankruptcy court. Federal arbitration law seeks to enforce agreements to resolve disputes between [...]

Published
2022

29. One Dozen Years of Pyett: A Win for Unionized Workplace Dispute Resolution.

Author

Salvatore, Paul and Kelly, Timothy Lockwood

Subjects
Labor unions -- Laws, regulations and rules -- History, Collective labor agreements -- Laws, regulations and rules -- History, Employment discrimination -- Laws, regulations and rules -- Negotiation, mediation and arbitration -- History, Waiver (Civil procedure) -- Laws, regulations and rules -- History, Labor arbitration -- Laws, regulations and rules -- History, Gilmer v. Interstate/Johnson Lane Corp. (500 U.S. 20 (1991)), Alexander v. Gardner-Denver Co. (415 U.S. 36 (1974)), 14 Penn Plaza L.L.C. v. Pyett (556 U.S. 247 (2009)), Wright v. Universal Maritime Service (525 U.S. 70 (1998)), Government regulation, National Labor Relations Act, Arbitration Act
Abstract

Introduction In 14 Penn Plaza LLC v. Pyett, the United States Supreme Court held that arbitration provisions in a collective bargaining agreement (CBA) that clearly and unmistakably waive an employee's [...]

Published
2022

30. INSURANCE LAW - NINTH CIRCUIT INTERPRETATION OF FOREIGN ARBITRATION TREATY AND FEDERAL LAW, PREVENTS STATE INSURANCE LAW FROM REVERSE-PREEMPTING TREATY - CLMS MGMT. SERVS. LTD. P'SHIP V. AMWINS BROKERAGE OF GA., 8 F.4TH 1007 (9TH CIR. 2021).

Author

Roberts, Marguerite

Subjects
Commercial arbitration agreements -- Laws, regulations and rules, Exclusive and concurrent legislative powers -- Laws, regulations and rules, Insurance law -- Evaluation, CLMS Mgmt. Servs. Ltd. P'ship v. Amwins Brokerage of Ga. (8 F.4th 1007 (9th Cir. 2021)), Government regulation, Convention on the Recognition and Enforcement of Foreign Arbitral Awards (art. 2, s. 3), McCarran-Ferguson Act, Arbitration Act
Abstract

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) is a multilateral treaty that ensures the recognition and enforcement of foreign arbitration agreements and awards. (1) [...]

Published
2022

31. Ninth Circuit Broadly Applies The FAA's Transportation Worker Exemption To Fueling Technicians To Green Light Their Class Action And Side-Step Arbitration

Author

Maatman, Gerald, Jr.

Subjects
United States. Supreme Court -- Cases, Exemption (Law) -- Cases, Labor arbitration -- Cases, Company legal issue, Business, international, Arbitration Act
Abstract

Duane Morris Takeaways: On July 19, 2024, in Lopez v. Aircraft Service International, Inc., Case No. 23-55015 (9th Cir. July 19, 2024), the U.S. Court of Appeals for the Ninth [...]

Published
2024

32. Ninth Circuit Continues To Expand Transportation Worker Exemption Under Federal Arbitration Act

Author

Jang, Scott P.

Subjects
Exemption (Law) -- Cases, Labor arbitration -- Cases, Transport workers -- Privileges and immunities, Company legal issue, Business, international, Arbitration Act
Abstract

Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act [...]

Published
2024

33. MYR 2024: Trends + Developments In The Arbitration Space (Podcast)

Author

Jang, Scott P.

Subjects
Labor arbitration -- Forecasts and trends -- Laws, regulations and rules, Government regulation, Market trend/market analysis, Business, international, Arbitration Act
Abstract

By almost any measure, 2024 is a memorable year for employment and labor law - and it's only halfway done. Our timely report, Mid-Year 2024: Now + Next, takes a [...]

Published
2024

34. MYR 2024: FAA Transportation Workers Act Exception (Podcast)

Author

Magnus, Eric

Subjects
United States. Supreme Court -- Cases, Labor arbitration -- Cases, Transport workers -- Laws, regulations and rules, Company legal issue, Government regulation, Business, international, Arbitration Act
Abstract

By almost any measure, 2024 is a memorable year for employment and labor law - and it's only halfway done. Our timely report, Mid-Year 2024: Now + Next, takes a [...]

Published
2024

35. Florida Emerges As The Place To Enforce Foreign Arbitral Awards

Author

Ainsworth, Kevin

Subjects
International mediation -- Laws, regulations and rules, Commercial arbitration -- Laws, regulations and rules, Government regulation, Business, international, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Arbitration Act
Abstract

US courts routinely tout federal policy that strongly favors recognizing and enforcing international arbitration awards. That policy appears particularly robust in the US District Court for the Southern District of [...]

Published
2024

36. Smith v. Spizzirri: The Supreme Court Confirms That 'Stay' Means 'Stay' When Arbitration Is Compelled

Author

Munoz, Andres

Subjects
United States. Supreme Court -- Cases, Stays of execution, proceedings, etc. -- Cases, Actions and defenses -- Cases, Commercial arbitration -- Cases, Labor disputes -- Cases, Judgments -- Cases, Company legal issue, Lawsuit/litigation, Business, international, Arbitration Act
Abstract

On May 16, 2024, the U.S. Supreme Court issued a unanimous decision in Smith v. Spizzirri, resolving a circuit split that has long affected the interpretation and application of Section [...]

Published
2024

37. Ninth Circuit Finds Shipping Warehouse Employee Qualified As Exempt 'Transportation Worker' Under The Federal Arbitration Act

Author

Malone, Kayla

Subjects
Exemption (Law) -- Cases, Transport workers -- Cases, Labor arbitration -- Cases, Company legal issue, Business, international, Arbitration Act
Abstract

On March 12, 2024, the Ninth Circuit published a decision in Ortiz v. Randstad Inhouse Services, LLC, holding that the Plaintiff Adan Ortiz ('Plaintiff') qualified as a 'transportation worker' under [...]

Published
2024

38. Elwood Discusses Frequency Of Federal Arbitration Act Review In Bloomberg Law

Subjects
United States. Supreme Court -- Laws, regulations and rules -- Negotiation, mediation and arbitration, Class actions (Civil procedure) -- Laws, regulations and rules, Government regulation, Business, international, Arbitration Act
Abstract

John Elwood, head of the firm's Appellate and Supreme Court practice, was quoted in the Bloomberg Law article, 'Amazon Flex Drivers Case Tied Up as Courts Shape Arbitration Law,' which [...]

Published
2024

39. Arbitration Issues In SCOTUS' Spotlight

Author

Davidson, Steven

Subjects
United States. Supreme Court -- Cases, Commercial arbitration -- Cases -- Forecasts and trends, Company legal issue, Market trend/market analysis, Business, international, Arbitration Act
Abstract

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. Of particular interest to us has been the Supreme Court's ruling on [...]

Published
2024

40. FAA Preempts California Law On Arbitration Fees

Author

Hudson, Esra A.

Subjects
Labor arbitration -- Cases, Exclusive and concurrent legislative powers -- Cases, Company legal issue, Business, international, California. Civil Procedure Code, Arbitration Act
Abstract

The FAA preempts California's Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, [...]

Published
2024

41. California Court Of Appeal Holds California's Law Regarding Payment Of Arbitration Fees Preempted By FAA

Author

Jang, Scott P.

Subjects
Commercial arbitration -- Cases -- Finance, Costs (Law) -- Cases, Discrimination against disabled persons -- Cases, Company legal issue, Company financing, Business, international, California. Civil Procedure Code, Arbitration Act
Abstract

In 2019, California enacted Senate (SB) Bill 707, a law codified as California Code of Civil Procedure sections 1281.98 and 1281.99, that automatically deems an employer's failure to pay fees [...]

Published
2024

42. Supreme Court Rules That Judges - Not Arbitrators - Must Resolve Disputes Where Various Agreements May Govern A Particular Dispute And Those Agreements Conflict On The Forum For Deciding Arbitrability

Author

Moreno, Alejandro

Subjects
United States. Supreme Court -- Powers and duties, Commercial arbitration agreements -- Cases -- Laws, regulations and rules, Dispute resolution (Law) -- Cases -- Laws, regulations and rules, Arbitrators -- Laws, regulations and rules, Company legal issue, Government regulation, Business, international, Arbitration Act
Abstract

In 23-3 Coinbase, Inc. v. Suski (05/23/2024) (supremecourt.gov) (May 23, 2024), the U.S. Supreme Court once again delved into the frequently litigated arena of arbitration agreements. Specifically, the Court considered [...]

Published
2024

43. Threshold Arbitrability Questions: SCOTUS Rules That Courts, Not Arbitrators, Must Decide Which Contract Governs

Author

Sandy, Jim

Subjects
United States. Supreme Court -- Powers and duties, Commercial arbitration -- Laws, regulations and rules, Contracts -- Laws, regulations and rules, Government regulation, Business, international, Arbitration Act
Abstract

On May 23, 2024, the Supreme Court unanimously ruled that when parties have agreed to more than one contract - one that contains a clause sending threshold arbitrability questions to [...]

Published
2024

44. Supreme Court Resolves Circuit Split: Federal Arbitration Act Mandates A Stay Of Court Proceedings, Not Dismissal

Author

Berryman, Zachary

Subjects
United States. Supreme Court -- Cases, Stays of execution, proceedings, etc. -- Cases, Commercial arbitration -- Cases, Company legal issue, Business, international, Arbitration Act
Abstract

Listen to this post In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending [...]

Published
2024

45. Supreme Court Requires Federal District Courts To Stay Cases Pending Arbitration

Author

Huston, Michael

Subjects
United States. Supreme Court -- Powers and duties, Stays of execution, proceedings, etc. -- Laws, regulations and rules, Commercial arbitration -- Laws, regulations and rules, Government regulation, Business, international, Arbitration Act
Abstract

On May 16, 2024, in Smith v. Spizzirri, the Supreme Court of the United States resolved a long-standing circuit split that affects motions to compel arbitration in federal court. Specifically, [...]

Published
2024

46. Supreme Court Holds That District Courts Must Stay - Not Dismiss - Actions Brought By Parties Subject To Binding Arbitration Agreements

Author

McLean, Anna

Subjects
United States. Supreme Court -- Cases, Labor arbitration -- Cases, Company legal issue, Business, international, Arbitration Act
Abstract

On May 16, 2024, the United States Supreme Court unanimously held that, when enforcing an arbitration clause subject to the Federal Arbitration Act (FAA), if any party requests a stay, [...]

Published
2024

47. Recent Court Rulings On FAA's Transportation Worker Exemption May Require Employers To Update Their Arbitration Agreements

Author

Chapman, Ron, Jr.

Subjects
United States. Department of Labor -- Powers and duties, Commercial arbitration agreements -- Laws, regulations and rules, Transport workers -- Laws, regulations and rules, Government regulation, Business, international, Arbitration Act
Abstract

The U.S. Department of Labor estimates 56 percent of all nonunion private-sector employees are subject to mandatory arbitration agreements. Many employers use such agreements-and the class action waivers contained therein-to [...]

Published
2024

48. U.S. Supreme Court Unanimously Holds A Court Has No Discretion To Dismiss A Lawsuit Once It Compels A Case To Arbitration

Author

Mokotoff, Jeffrey

Subjects
United States. Supreme Court -- Cases, Commercial arbitration agreements -- Cases, Stays of execution, proceedings, etc. -- Cases, Commercial arbitration -- Cases, District courts -- Powers and duties -- Cases, Dismissal and nonsuit -- Cases, Company legal issue, Business, international, Arbitration Act
Abstract

Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act [...]

Published
2024

49. Supreme Court Rules FAA Requires Courts To Grant Stay Requests After Compelling Arbitration

Author

Murray, Christopher C.

Subjects
United States. Supreme Court -- Cases, Stays of execution, proceedings, etc. -- Cases, Commercial arbitration -- Cases, District courts -- Cases -- Powers and duties, Judgments -- Cases, Company legal issue, Business, international, Arbitration Act
Abstract

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a [...]

Published
2024

50. Viking River Who? Another Cautionary Tale About Arbitration Agreement Drafting

Author

Slowik, Jonathan

Subjects
Commercial arbitration agreements -- Cases, Labor arbitration -- Cases, Company legal issue, Business, international, California. Private Attorneys General Act of 2004, Arbitration Act
Abstract

A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration [...]

Published
2024

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