Contract Drafting, Arbitration Agreements, Corporate Counsel

Can non-signatories be bound by your arbitration agreement? Recent ruling says “yes.”

Constangy, Brooks, Smith & Prophete, LLP on 9/12/2025

In a recent win for employers, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit highlighted how companies can use “incorporation by reference” to enforce arbitration agreements against workers who did...more

NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements

Payne & Fears on 8/12/2020

The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more

Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

Parker Poe Adams & Bernstein LLP on 5/19/2016

A decision allowing class-wide arbitration can transform a routine dispute into a “bet the company” problem. Who makes that decision: an arbitrator or a court? The Fourth Circuit Court of Appeals answered that question...more

Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions

Proskauer - Minding Your Business on 4/26/2016

Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators? Entities...more

Seven Things You Should Know About Arbitration Clauses

Goodwin on 12/20/2013

Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of...more

Contract Drafting › Arbitration Agreements › Corporate Counsel

Can non-signatories be bound by your arbitration agreement? Recent ruling says “yes.”

NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements

Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions

Seven Things You Should Know About Arbitration Clauses

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