Gilbert Samberg | Mintz If we needed a reminder of why the “delegation” question – i.e., whether parties have agreed that gateway arbitrability issues should be adjudicated in the first instance by an arbitrator rather than by a court – is important, a recent decision by the Fifth Circuit Court of Appeals should do the… Continue reading The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration
Tag: Arbitration Agreement
You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
David Adelstein | Florida Construction Legal Updates Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.” Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019).… Continue reading You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
The Shifting Sands of Alternative Dispute Resolution
Tim Scully | Porter Law Group In California there are few tools which work to protect the employer, and California employers may have just lost another one. On October 10, 2019, Governor Gavin Newson signed into law AB 51, which bans the use of mandatory arbitration agreements in employment contracts. More specifically, AB 51 adds… Continue reading The Shifting Sands of Alternative Dispute Resolution
The Utility of Arbitration Agreements in the Construction Industry
Brian L. Gardner and Jason R. Finkelstein | Construction Executive A Look at Epic Systems’ Decision One Year Later In today’s ever-evolving world of employment law, it is far from an easy task for construction industry employers to operate their business while successfully navigating all of the potential legal potholes that continue to abound and… Continue reading The Utility of Arbitration Agreements in the Construction Industry
U.S. Supreme Court Affirms the Necessity of Express Authorization for Class Arbitration
Micha Nandaraj Gallo | Covington & Burling | April 25, 2019 On April 24, 2019, the Supreme Court issued its opinion in Lamps Plus, Inc., et al. v. Varela, addressing the question of whether an ambiguous arbitration agreement can be read to compel class arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (2000). Underscoring the controversial… Continue reading U.S. Supreme Court Affirms the Necessity of Express Authorization for Class Arbitration