Jared W. Slater | Ervin Cohen & Jessup In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was “prejudice” to the party resisting arbitration. In other words, the courts were obligated… Continue reading “Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
Category: Arbitration
The Collective Cost Paid for Arbitration’s Numerous Benefits
Christopher Rifer | Ahead of Schedule Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts. Arbitration has many benefits ranging from cost savings and faster resolutions to a private forum that keeps disputes from spilling out into… Continue reading The Collective Cost Paid for Arbitration’s Numerous Benefits
Can Parties Be Required To Mediate Before Proceeding To Arbitration?
John M. Townsend, James H. Boyking, Sebastian Bonnard, Malik Havalic, Tamara Kraljic, Shayda Vance, Eleanor Erney, Gaela Gehring Flores, Remy Gerbay, Abigail McDonagh, and Diego Duran De La Vega | Hughes, Hubbard & Reed Mediation and arbitration are both common dispute resolution methods, and both can lead to effective outcomes. Many contracts include provisions that require… Continue reading Can Parties Be Required To Mediate Before Proceeding To Arbitration?
What Factors Should Be Considered When Choosing An Arbitrator?
John M. Townsend, James H. Boykin, Remy Gerbay, Sebastien Bonnard, Diego Duran De La Vega, Malik Havalic, Shayda Vance, Elenor Erney, Tamara Kraljic, and Justin Pendleton | Hughes Hubbard & Reed Arbitration is an increasingly popular method of dispute resolution because it puts clients in the driver’s seat. Unlike domestic litigation, where the parties have… Continue reading What Factors Should Be Considered When Choosing An Arbitrator?
Arbitrating The Arbitrability Of Arbitrability?
Yasmine Lahlou and Andrew Poplinger | Chaffetz Lindsey Supreme Court holds that court decides whether subsequent forum selection clause supersedes an arbitration agreement, even if the arbitration agreement delegates arbitrability questions to the arbitrators. Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (2024). The Supreme Court has long held that whether a dispute falls within the… Continue reading Arbitrating The Arbitrability Of Arbitrability?