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Arbitration Agreements › Contract Drafting › Federal Arbitration Act

Phelps Dunbar

Courts Rule That NFL Arbitration Clause Lacks Enforceability

Phelps Dunbar on

Arbitration is an alternative dispute resolution method where parties can pursue their claims in a forum other than court. It is often favored for its confidentiality, efficiency and ability to provide a specialized forum for...more

DLA Piper

California Supreme Court Clarifies FAA Preemption, Relief From Forfeiture in Arbitration Fee Disputes

DLA Piper on

The California Supreme Court issued its decision, on August 11, 2025, in Hohenshelt v. Superior Court (Golden State Foods Corp.), S284498, addressing whether the Federal Arbitration Act (FAA) preempts California’s statutory...more

Davis Wright Tremaine LLP

Drafting Broad Arbitration Clauses

Davis Wright Tremaine LLP on

In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum selection and arbitration clauses in separate contracts apply to a single...more

Womble Bond Dickinson

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

Womble Bond Dickinson on

Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

Troutman Pepper Locke

Expert Determination or Arbitration? The Delaware Court of Chancery Clarifies That Labels Are Not Dispositive

Troutman Pepper Locke on

Purchase agreements customarily contain provisions for resolving certain disputes by referring them to a third-party neutral decision-maker outside of litigation. For example, disputes over purchase price adjustments are...more

Payne & Fears

California Appellate Court Issues Guidance on Enforcing Arbitration Agreements

Payne & Fears on

While much of the world came to a halt in response to the coronavirus pandemic, the California Courts of Appeal were busy issuing important decisions on the enforceability of arbitration clauses. As the economy starts to...more

Polsinelli

Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent

Polsinelli on

The Federal Arbitration Act (FAA) endorses and encourages arbitration as a speedier and less costly dispute resolution alternative to litigation. In recent years, however, companies have become increasingly concerned that...more

NAM (National Arbitration and Mediation)

Drafting The Arbitration Provision In Commercial Contracts, Part 1: Back To Basics: Important Considerations Not To Be Overlooked

NAM (National Arbitration and Mediation) on

John Wooden, one of the most successful coaches in basketball history, always focused his teams on the basics. The first lesson he taught them was how to properly tie their shoes. Truly, a lack of understanding the basics...more

Troutman Pepper Locke

Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?

Troutman Pepper Locke on

Courts determine whether a dispute is subject to arbitration, also known as questions of “arbitrability,” unless the parties agree to submit arbitrability disputes to the arbitrator. Originally published in AGC Law in...more

Nossaman LLP

Did You Know…The Continuing Saga Of Arbitration Agreements & Unconscionability

Nossaman LLP on

In light of the United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court recently reversed its own prior decision where it had held that an arbitration agreement that requires an...more

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