Delegation provisions are a hot topic this year! This week, we’re going to look at two more circuit court decisions centering on delegations and finding ways around them.
Just to set the stage, though, I’ve got to put a little egg on my own face. To quote myself from back in June: “it’s almost
So, remember when we talked about Just How Small the Bullseye Is for Challenging a Delegation Clause a few weeks ago? Apparently, the target is small but not necessarily as unhittable as I suggested.
You might recall that in that earlier post we were looking at a Missouri Supreme Court decision, State Ex Rel. Newberry
Wrap agreements continue to present challenges. I don’t often write about district court decisions, and particularly not unpublished ones, but a recent case out of Illinois warrants an exception. (See earlier considerations of wrap arbitration agreements on this blog hereand here.)
Just as a quick refresher about wrap agreements, courts have refocused the
At least in theory, mutual assent remains a cornerstone of contract law and thus of arbitration. The tricky part has become understanding what counts as mutual assent in a world where overwhelming empirical evidence, not to mention our own lived experience, demonstrates that no one reads standardized terms and conditions, including arbitration provisions buried in
One of the most confounding doctrines in federal arbitration jurisprudence is the severability doctrine. The U.S. Supreme Court has held, since Prima Paint in 1967, that courts must enforce arbitration clauses within contracts, even if the entire contract is invalid or unenforceable. (Most non-arbitration geeks don’t believe me when I tell them that’s the law.)
This post is aimed at drafters of arbitration clauses. Because if you don’t insert an administrator for your arbitration, and don’t anticipate that the administrator may just stop providing services, your arbitration clause is dead in the water. At least, that’s the holding of two new state court cases.
The First Circuit just faced a fascinating formation issue: if a customer cannot see what she is signing, and no employee reads it to her or ensures she knows there are legal terms, is there a contract? With Justice Souter sitting by designation on the panel, the court answered “no,” and thereby kept a class
Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in
This is my 290th post at ArbitrationNation and today I celebrate six years of blogging. Woo hoo — that’s longer than most celebrity marriages! In honor of the occasion, here are updates on six of the hottest issues in arbitration law so far this year.
In January of 2016, SCOTUS granted review of an arbitration case from Hawaii, but summarily vacated and remanded it without analysis. (Unless you consider “Please read DIRECTV” substantive analysis.) Here’s the risk of that course of action: Hawaii can refuse to change its mind.
Last month, in Narayan v. The Ritz-Carlton Development Co., 2017