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Lou Chang publishes a bi-monthly ADR e-newsletter with arbitration and mediation news, case notes, ADR training events and mediation information developments
Anticipated ramifications of the U.S. Supreme Court’s recent arbitration class action decision.
In May, the United States Supreme Court in EPIC SYSTEMS CORP. v. LEWIS, (available at: https://www.supremecourt.gov/opinions/17pdf/16-285_q8l1.pdf.) upheld contractual provisions that prevented individuals from pursuing class arbitrations. The Court also ruled that:...
Courts across the country continue to embrace judicially created grounds for invalidation of arbitration decisions.
1. California Appellate Court creates and adopts “interest of justice” grounds to override arbitration agreement In Weiler v. Marcus & Millichap Real Estate Investment Services, Inc. (April 30, 2018), in a case involving claims for breach of fiduciary duty,...
Arbitration case roundup.
Arbitration compelled in at will contract of employment. In Hampden Coal, LLC v. Varney, 2018 WL 944159 (W. Va. Feb. 16, 2018), an employee sued his employer and the employer moved to compel arbitration. The employee asserted that the employer gathered all employees...
When arbitration agreements adopt arbitral rules and those rules give the arbitrator the power to rule on arbitrability, such rules will be enforced. DPR Rules appear to differ from other major arbitration rules.
Courts have attempted to establish clear rules governing when and whether the Court or the arbitrator is to determine issues of arbitrability. Under the Federal and state arbitration statutes, it is the Court that makes the determination as to whether the parties have...
Employment Agreements and Collective Bargaining Agreements
Employment Agreements and Collective Bargaining Agreements need to be clear in identifying the scope of claims that are intended to be covered by arbitration agreements. In 2009, the U.S. Supreme Court rulIed that parties could agree in their CBAs to include statutory...
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