Arbitration

Tough Mudder Approach to Arbitration Upheld

People who want to register for a Tough Mudder obstacle course event must acknowledge assent to terms and conditions, which include a mediation and arbitration clause. But what happens if the event is moved at the last minute from Massachusetts to Ma… Read More
Read More

Reference to Arbitration in Contract Was Sufficient Notice of Arbitration Clause

Homeowners who claimed not to have read the contract nonetheless signed a 10-page form with two critical items: (1) a check box indicating arbitration and not litigation for dispute resolution, and (2) incorporation by reference of general conditions… Read More
Read More

Surety’s Indemnity Rights Eliminated by Subsequent Arbitration Agreement

Most readers are familiar with the concept that performance bond sureties expect to recoup, from their principals, every dollar of cost incurred in responding to demands on the bond. And most readers are aware that the typical general indemnity agree… Read More
Read More

Agreement to Arbitrate May Not Require a Written Contract

From two different courts in two different states on two very different claims come the same concept: an agreement to arbitrate may be binding even without a signed contract. One comes via an unsigned law firm partnership agreement, and the other via… Read More
Read More

Legality of contract with arbitration clause is to be determined by court and not by arbitrator

One party argued throughout an arbitration proceeding that the agreement containing the arbitration clause was illegal and void as against public policy. The other side had obtained an order compelling arbitration, and then prevailed in front of the… Read More
Read More

Reference to AAA Construction Industry Rules means that parties agreed to have arbitrator determine arbitrability

A Florida Court of Appeal has concluded that an arbitration clause incorporating the AAA Construction Industry Arbitration Rules means that the parties intended to submit issues of arbitrability to the arbitrator and not to the courts. The parties ha… Read More
Read More

Arbitrators were not authorized to award attorneys’ fees in situation where court could have done so

An arbitration panel applying the AAA commercial arbitration rules awarded one party its attorneys’ fees, on the grounds that “substantially all of the defenses [of the other party] were wholly insubstantial, frivolous and not advanced in good fa… Read More
Read More

Alleged pre-employment misrepresentations were within scope of employment agreement arbitration clause

The prospective employee in California was promised certain compensation and commissions if he joined the company in Illinois. When he joined, he signed an employment agreement calling for arbitration of disputes in New York. It was not a good marria… Read More
Read More

An issue outside the scope of the arbitration clause? Handle with care!

One of the limited bases to object to an arbitration award, under the Federal Arbitration Act or any of the state arbitration laws, is that the arbitrator ruled on an issue outside the scope of the arbitration agreement. Another concept, supported by… Read More
Read More

Arbitrability of Class Action Claims – Turn-About is Fair Play

The normal pattern is for employees or consumers to challenge in court the scope of arbitration, and whether it is for the arbitrator or the court to make that determination. A California federal court judge has issued a decision against Guess?, Inc.… Read More
Read More