Arbitration
Federal Arbitration Act Exclusion Does Not Apply to Local Delivery Drivers
November 30th, 2022
Local delivery drivers for Postmates must arbitrate their wage-related claims, per the First Circuit Court of Appeals. The Court ruled against a purported coalition of couriers, holding that the exemption from the Federal Arbitration Act for “worke…
Read More
Read More
Categories: Arbitration
Tough Mudder Approach to Arbitration Upheld
May 8th, 2018
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
Categories: Arbitration
Reference to Arbitration in Contract Was Sufficient Notice of Arbitration Clause
May 9th, 2017
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
August 5th, 2016
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
April 18th, 2016
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
Categories: Arbitration
Legality of contract with arbitration clause is to be determined by court and not by arbitrator
February 23rd, 2016
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
Categories: Arbitration
Reference to AAA Construction Industry Rules means that parties agreed to have arbitrator determine arbitrability
January 28th, 2016
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
January 8th, 2016
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
Categories: Arbitration
Alleged pre-employment misrepresentations were within scope of employment agreement arbitration clause
December 31st, 2015
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
Categories: Arbitration
An issue outside the scope of the arbitration clause? Handle with care!
December 21st, 2015
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