It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of that person’s family files a claim in...more
1/22/2025
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Breach of Contract ,
COBRA ,
Contract Terms ,
Delegation Clauses ,
Derivatives ,
Dispute Resolution ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Estoppel ,
Federal Arbitration Act ,
Motion to Compel ,
Settlement
Florida’s Second district court of appeal recently issued another opinion in the long line of decisions to determine the gatekeeping question of arbitration under the Revised Florida Arbitration Code, §§ 682.01, Fla. Stat.,...more
Specificity seldom hurts in litigation. It is indispensable if you want to prevent an arbitrator from arbitrating something you think a court should adjudicate instead. But although you may be right about the...more