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Contract Drafting › Binding Arbitration

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Polsinelli

State High Court Decision Highlights National Split of Authority and Offers Lessons for Those Who Rely on Arbitration

Polsinelli on

The Missouri Supreme Court recently upheld a refusal to compel parties to arbitrate their dispute before a different forum when the one listed in their agreement could not accept the case. ...more

Latham & Watkins LLP

Beware the “Non-Exclusive” Arbitration Clause

Latham & Watkins LLP on

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

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