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The Fifth Circuit Again Considers the ‘Forby’ Case and When the Right To Arbitrate Is Waived Based on an Amended Complaint

USA - October 8 2021 As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits…

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

USA - August 11 2021 A U.S. Court of Appeals for the Ninth Circuit panel ruled that Uber Technologies drivers don’t fall within the Section 1 exemption of the Federal…

Arbitration Agreement with Conflicting Provision in Two Languages Saved by FAA Default Rule

USA - July 22 2021 The California Court of Appeal for the Second Appellate District recently added clarity to a somewhat puzzling trial court decision that had sent an…

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

USA - July 19 2021 In a published June 22 opinion, the Eleventh Circuit laid out a clear test for the Federal Arbitration Act (FAA) Section 1 exemption. It answered the…

The Supreme Court Now To Determine the Boundaries of Federal Court Jurisdiction Over Federal Arbitration Act Proceedings

USA - June 16 2021 The U.S. Supreme Court has now granted certiorari to decide if federal courts have subject matter jurisdiction to confirm or vacate an arbitration…