Appeals, Arbitration Agreements, Business Litigation

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

Carlton Fields on 5/20/2025

The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Kohrman Jackson & Krantz LLP on 5/9/2025

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...more

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

DLA Piper on 3/7/2025

The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670...more

Fourth Circuit Rules that SCRA Does Not Preclude Arbitration

McGlinchey Stafford on 2/18/2025

In a decision with potentially wide-ranging implications, the Fourth Circuit Court of Appeals reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to the...more

Second Circuit Rejects Challenge to Arbitration Award

Carlton Fields on 1/15/2025

The Second Circuit Court of Appeals recently rejected an attempt to vacate an arbitration award related to a maritime contract....more

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

Walkers on 6/22/2022

On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

Perkins Coie on 6/1/2022

The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to...more

The Ninth Circuit Addresses Website Design for Enforceable Terms of Service

Perkins Coie on 4/15/2022

Many companies use browsewrap or related sign-in agreements to present their terms of service for consumer acceptance. On April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms...more

In This Case, The Contract Had No Beginning

Allen Matkins on 1/15/2020

Known for the elegance of his Latin, French humanist Marc Antoine Muret observed "que Graece Latineque sciat, is, quocunque terrarum venerit, apud plerosque admirationi erit (and whoever knows Greek or Latin, wherever in the...more

Can an Arbitrator Order Extra-Judicial Dissolution?

Farrell Fritz, P.C. on 6/10/2019

Often business owners enter into arbitration agreements because they hope it will result in a speedier, less expensive resolution than litigation to disputes with their co-owners. ...more

NY Appellate Court Weakens 'Manifest Disregard' Exception to Arbitration Enforcement

Troutman Pepper Locke on 10/22/2018

A closely followed New York trial court decision in favor of the “manifest disregard” standard for vacating arbitral awards was recently reversed by the New York Supreme Court Appellate Division in In re Daesang Corp. v. The...more

Corporate Frankenstein “Partnership to Form a Corporation” Lives Another Day

Farrell Fritz, P.C. on 5/14/2018

Lawyers are famous for arguing seemingly inconsistent positions at the same time. We practitioners lovingly refer to the technique as “arguing in the alternative.” The famous Texas trial lawyer, Richard “Racehorse” Haynes,...more

Arbitration Clauses Under Attack – Do They Harm Consumers?

Burr & Forman on 11/3/2015

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

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