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
Tag: Arbitration Agreement
U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Michael Vincent and Steven Lindemann | Stinson Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even the undisputed existence of an arbitration agreement does not compel dismissal of a lawsuit. In one… Continue reading U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements
Written Arbitration Agreements Can be Enforced Even if Not Signed
Mark Rodio | Frantz Ward It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate.[1] “Indeed, when a party resisting arbitration is not a signatory to an arbitration agreement, a presumption against arbitration arises.” Peters v. Columbus Steel Castings Co., Tenth Dist. No.… Continue reading Written Arbitration Agreements Can be Enforced Even if Not Signed
California Court Of Appeal Rules Arbitration Agreement Is Unenforceable
Ron Chapman, Jr., Jack Sholkoff and Zachary V. Zagger | Ogletree, Deakins, Nash, Smoak & Stewart A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic acknowledgment in a manner the court deemed… Continue reading California Court Of Appeal Rules Arbitration Agreement Is Unenforceable