News & Analysis as of

Automatic Stay Arbitration Agreements

Kelley Drye & Warren LLP

AAA Issues New Rules Broadening the Powers of Arbitrators and Scope of Arbitration

The American Arbitration Association (AAA) announced new rules that went into effect May 1, 2025. The new rules revise both their consumer arbitration and employment arbitration sets. The purpose of the rule change was to...more

Jones Day

Texas Bankruptcy Court: Debtor's Non-Economic Rights Under LLC Agreement Are Estate Property Protected by Automatic Stay

Jones Day on

The Bankruptcy Code invalidates "ipso facto" clauses in executory contracts or unexpired leases that purport to modify or terminate the contract or lease (or the debtor's rights or obligations under the contract or lease)...more

BakerHostetler

Supreme Court Holds That a Case Should Be Stayed Automatically When a Party Appeals a Decision Not To Arbitrate It

BakerHostetler on

While several recent Supreme Court decisions have garnered significant headlines, the Court’s late June ruling in Coinbase, Inc. v. Bielski, (Case No. 22-15), likely flew under the radar for the national media outlets. For...more

Akerman LLP - HR Defense

The Supreme Court Delivers a Win for Employers Seeking a Stay in Appeals Involving Arbitration

In a significant win for employers, the United States Supreme Court has ruled that the Federal Arbitration Act (FAA) requires an automatic stay of the case at the trial court level whenever a party appeals the trial judge’s...more

Seyfarth Shaw LLP

Supreme Court Confirms Automatic Stay When Motions to Compel Arbitration are Denied

Seyfarth Shaw LLP on

The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of...more

FordHarrison

Supreme Court Requires Stay of Litigation Pending Appeal of a Denial of a Motion to Compel Arbitration

FordHarrison on

Executive Summary: On June 23, 2023, in a 5-4 decision, the U.S. Supreme Court held that district courts (i.e. federal trial courts) must stay pre-trial and trial proceedings while an appeal of a decision denying a motion to...more

Jackson Lewis P.C.

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

Jackson Lewis P.C. on

The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more

Bradley Arant Boult Cummings LLP

Motion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal

Although many construction contracts contain arbitration provisions, it is not always clear whether a particular dispute is subject to arbitration and, in some cases, a party may seek to litigate a dispute rather than demand...more

Carlton Fields

SCOTUS Interprets FAA to Impose Mandatory Stay of Proceedings in District Courts Pending Interlocutory Appeal From Denial of...

Carlton Fields on

In a 5–4 decision issued June 23, 2023, in Coinbase Inc. v. Bielski, the U.S. Supreme Court resolved a circuit split over whether trial courts have the discretion to stay proceedings pending interlocutory appeal from a denial...more

Tucker Arensberg, P.C.

“The ABC’S of ACB’S” – Arbitration Clauses in Bankruptcy Court

Tucker Arensberg, P.C. on

You’ve decided that your business will fare better if you put a mandatory arbitration clause into all of your contracts. You want to be fair to your counterparty, so you choose to arbitrate under the Federal Arbitration Act....more

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