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Proskauer Rose LLP | USA | 6 Jul 2020
Supreme Court Decides No Signature, No Problem
For years the Supreme Court of the United States has been petitioned to clarify international and domestic policies surrounding international…
Kilpatrick Townsend & Stockton LLP | USA | 30 Jun 2020
Sixth Circuit: incorporation of AAA Rules delegates “gateway” issue of arbitrability to the arbitrator
A key issue is whether the parties’ arbitration agreement requires that an arbitrator decide the threshold issue of arbitrability. That is an issue…
Buckley LLP | USA | 16 Jun 2020
9th Circuit: Payday arbitration remanded because of new California interest rate law
On June 9, the U.S. Court of Appeals for the Ninth Circuit remanded a case against a payday lender back to district court because a newly issued…
Shearman & Sterling LLP | USA | 9 Jun 2020
U.S. Supreme Court Holds That Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Does Not Prohibit Non-Signatories To Arbitration Agreements From Compelling Arbitration Based On Domestic Equitable Estoppel Doctrines
On June 1, 2020, the United States Supreme Court, in a unanimous decision by Justice Thomas, held that allowing non-signatories to an arbitration…
Mintz | USA | 28 May 2020
Arbitration Subpoenas: Jurisdiction and Venue Basics for Enforcement Made Simpler
The statutory mechanism for judicial enforcement of an arbitration "subpoena" - in actuality, an arbitrator's summons to give evidence -- is simply by…
Jackson Lewis PC | USA | 22 May 2020
The State of California Submits Opening Brief in Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply
On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed…
Mintz | USA | 29 Apr 2020
The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration
If we needed a reminder of why the “delegation” question - i.e., whether parties have agreed that gateway arbitrability issues should be adjudicated…
Squire Patton Boggs | USA | 18 Mar 2020
Arbitration? Court says not so fast.
Earlier this week, in Card v. Wells Fargo, 2020 U.S. Dist. LEXIS 45117 (D. Or. March 16, 2020), relying on Section 4 of the Federal Arbitration Act…
Squire Patton Boggs | USA | 10 Mar 2020
Reverse Preemption Is Alive and Well in Washington State
Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration…
Jackson Lewis PC | USA | 2 Mar 2020
Navigating the Federal Arbitration Act’s Transportation Worker Exception After New Prime
As enforcing arbitration agreements with transportation workers under the Federal Arbitration Act (FAA) has become more difficult, employers should…
