Stacy Carpenter

Polsinelli

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U.S. Supreme Court Again Rules for Arbitration, Rejecting Judge-Made Doctrine That Gave Courts Authority to Reject Arbitration

In yet another win for businesses seeking to shift the forum for their disputes from the courtroom to the conference room, the U.S. Supreme Court this week unanimously decided an important case that makes it easier to compel...more

1/10/2019 / Appeals , Arbitration , Arbitration Agreements , Arbitrators , Contract Terms , Exceptions , Federal Arbitration Act , Henry Schein Inc v Archer and White Sales Inc , Judicial Review , Motion to Compel , Question of Arbitrability , Remand , SCOTUS , Vacated , Wholly Groundless Doctrine

State High Court Decision Highlights National Split of Authority and Offers Lessons for Those Who Rely on Arbitration

The Missouri Supreme Court recently upheld a refusal to compel parties to arbitrate their dispute before a different forum when the one listed in their agreement could not accept the case. ...more

11/30/2018 / Arbitration , Arbitration Agreements , Binding Arbitration , Contract Drafting , Contract Terms , Financial Services Industry , Loans , MO Supreme Court , Motion to Compel , Split of Authority

The Beginning of the End for Class Action Litigation? Why Justice Scalia and the Current Supreme Court Are Good for Business

In American Express Co. v. Italian Colors Restaurant, the Supreme Court confirmed what it had only hinted at two years earlier in AT&T Mobility, LLC v. Concepcion. In a holding authored by Justice Scalia, the Court made plain...more

1/7/2015 / American Express , American Express v Italian Colors Restaurant , Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Federal Arbitration Act , Restaurant Industry , SCOTUS , Sherman Act

How Final Do You Want It To Be?: Recent Change To American Arbitration Association Rules Allows For Appeals In Certain Cases

In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider...more

2/4/2014 / American Arbitration Association , Appeals , Arbitration

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