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Results: 1-10 of 171

Massachusetts High Court rules that Federal Arbitration Act applies to contracts involving interstate commerce
  • Locke Lord LLP
  • USA
  • August 19 2013

In a decision that has implications for reinsurance, the Massachusetts Supreme Judicial Court last week decided that the Federal Arbitration Act


Recent caselaw illuminates the limits of the Federal Arbitration Act’s reach to insurance contracts
  • Locke Lord LLP
  • USA
  • July 17 2013

Courts are more and more likely to enforce an arbitration clause, but not necessarily the ones in an insurance contract. The U.S. Supreme Court has


First Circuit holds that preclusive effect of prior arbitration outcome is itself an arbitrable issue
  • Locke Lord LLP
  • USA
  • April 7 2014

The U.S. Court of Appeals for the First Circuit earlier this year held that the preclusive effect of a prior arbitration is itself a matter for


National Labor Relations Board rules mandatory class action waivers by employees violate federal labor law
  • Locke Lord LLP
  • USA
  • January 11 2012

The National Labor Relations Board has issued its decision in D.R. Horton, Inc. and Michael Cuda, holding that mandatory arbitration agreements violate federal labor law when they require employees, including non-union employees, to waive their right to pursue employment-related class action or collective action claims


Second Circuit rules that the FLSA does not bar enforcement of class action waivers: Sutherland v. Ernst & Young LLP
  • Locke Lord LLP
  • USA
  • August 16 2013

On August 9, 2013, the Second Circuit ruled that an employee may be compelled to arbitrate individual claims under the Fair Labor Standards Act


AAAICDR introduces optional appellate arbitration rules
  • Locke Lord LLP
  • USA
  • November 26 2013

Historically, a court can set aside an arbitration award based only on narrow statutory grounds. Over the past few years, a number of arbitral


California Supreme Court holds express class action waivers in employment arbitration agreements are enforceable
  • Locke Lord LLP
  • USA
  • July 3 2014

On June 23, 2014, the California Supreme Court issued its decision in Iskanian v. CLS Transportation Los Angeles, LLC, No. S204032, 2014 WL 2808963


D.C. Court holds date arbitral award issued is date for appropriate currency conversion
  • Locke Lord LLP
  • USA
  • July 3 2013

In today's global economy, it is not uncommon for arbitration awards to be denominated in a currency that is foreign to the place of enforcement. In


Third Circuit applies constructive knowledge standard and finds waiver of arbitration panel challenge
  • Locke Lord LLP
  • USA
  • September 30 2015

The U.S. Court of Appeals for the Third Circuit has found that post-award objections to an arbitrator were waived because the party had constructive


Judicial estoppel trumps judicial precedent
  • Locke Lord LLP
  • USA
  • February 27 2013

The recent case by the United States Fifth Circuit of Appeals, Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, 2013 WL 539011 (5th Cir. Feb