Mark W. Frilot | The Dispute Resolver | February 8, 2016 While not a construction dispute, the Fourth Circuit’s decision in Hayes v. Delbert Services Corp., 2016 WL 386016, __ F.3d __ (4th Cir. 2/2/16), gives insight to the limits to a court’s willingness to enforce arbitration clauses that also include a waiver of substantive… Continue reading Fourth Circuit Holds Arbitration Clause Unenforceable When Contract Also Disavows Federal and State Substantive Law
Tag: Arbitration Clause
Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s denial of a motion to compel arbitration and remanded the case for an order compelling arbitration. U.S. Nutraceuticals, LLC v. Cyanotech Corp., No. 13-12863, 2014 WL 5471913… Continue reading Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause