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Arbitration Arbitration Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Seward & Kissel LLP

Employment Litigation Roundup: August 2025

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In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

Meyers Nave

Timely Payment of Arbitration Fees—If You Snooze, You Lose!

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Imagine this: You have worked with your attorney on crafting the perfect arbitration agreement. You have an issue that goes to arbitration and are in the middle of arbitrating when you get notified that the arbitration is...more

Proskauer - California Employment Law

The Latest Developments in the Arbitration Wars – Implausible Sexual Harassment Claims

Since its enactment, the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has resulted in plaintiffs’ lawyers tacking on increasingly implausible sexual harassment claims to unrelated...more

Harris Beach Murtha PLLC

Second Circuit Limits Jurisdiction to Review Challenges to Arbitration Awards

The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more

Phelps Dunbar

Courts Rule That NFL Arbitration Clause Lacks Enforceability

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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

Latham & Watkins LLP

Hong Kong Court Considers the Interplay Between Arbitration and Foreign Insolvency Proceedings

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The Hong Kong Court of First Instance rules that commencing Cayman winding-up proceedings did not breach the arbitration agreement, as such proceedings would not finally resolve the dispute....more

BakerHostetler

AAA or Stay Away? Changes to the American Arbitration Association’s Employment Rules May Disadvantage Employers

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The American Arbitration Association (AAA) has updated its Employment Arbitration Rules, effective May 1, 2025. The changes may make AAA-administered arbitration less desirable for businesses....more

Troutman Pepper Locke

Ninth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

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In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more

Carlton Fields

Georgia Supreme Court Affirms Arbitration Award, Holds Ex Parte Communications With Arbitrator Did Not Prejudice Affected Party

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In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more

Marshall Dennehey

Appeals Court Reverses Arbitration Ruling, Citing Improper Credibility Determination by Successor Judge

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Metzger v. Strongsville Care Group, LLC (8th Dist.), 2025-Ohio-1732 - On May 15, 2025, the Ohio 8th District Court of Appeals held that when a judge takes over a case for another judge, the successor judge cannot rely on a...more

DLA Piper

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

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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

JAMS

[PODCAST] JAMS CEO Kim Taylor Joins Cup of Justice Podcast to Discuss Mediation and Arbitration

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Kimberly Taylor, CEO and President of JAMS, recently appeared on the Cup of Justice podcast, hosted by investigative journalist Mandy Matney and attorney Eric Bland. Known for its candid conversations and exploration of the...more

Davis Wright Tremaine LLP

Drafting Broad Arbitration Clauses

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

ArentFox Schiff

Hohenshelt v. Superior Court Confirms California Arbitration Fee Law Survives FAA Preemption Challenge

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On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely...more

Davis Wright Tremaine LLP

Late Payments in California Arbitrations No Longer an Automatic Breach

On August 11, 2025, the California Supreme Court issued its decision in Hohenshelt v. Superior Court and peeled away the draconian application of California's arbitration fee statute, California Civil Procedure Code §§...more

Kilpatrick

Fourth Circuit rules law firm and debt collector waived arbitration rights by filing collection actions in state court

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A Fourth Circuit panel affirmed the denial of a motion to compel arbitration, finding that the law firm and debt collector who sought to compel arbitration of a class action had waived the right to arbitrate by previously...more

JAMS

When Arbitration Is Required, Should You Still Try Mediation First?

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In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals....more

Troutman Amin LLP

ANOTHER ONE: US Health Advisors Buys Lead But Can’t Enforce Arbitration And We’ve Seen This Movie Before

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This one should be obvious by now– I mean I even took the slide on this subject out of my deck for Contact.io because I have covered it too many times. But it looks like folks need a reminder: Just because you are on the...more

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

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I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

Jackson Lewis P.C.

California Supreme Court Allows More Flexibility on Arbitration Fee Payment Rules

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The California Supreme Court’s recent decision in Hohenshelt v. Superior Court addressed whether California’s Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay...more

Ervin Cohen & Jessup LLP

Employers May Now Obtain Equitable Relief for Untimely Arbitration Payments

After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more

Husch Blackwell LLP

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

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The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more

Proskauer - California Employment Law

California Supreme Court Saves but Guts Anti-Arbitration Statute

In Hohenshelt v. Superior Court, the California Supreme Court held that California Code of Civil Procedure Section 1281.98—a do-or-die statute requiring employers to pay arbitration fees within 30 days or waive the right to...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

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On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rules FAA Does Not Preempt Arbitration Fee Deadline, Rejects Strict Penalties

On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The...more

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