News & Analysis as of

Contract Drafting Putative Class Actions Arbitration

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

Miller Canfield

Supreme Court Holds that Where Two Contracts Conflict on the Issue of Arbitrability, Courts - Not Arbitrators - Decide Which...

Miller Canfield on

When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more

Weintraub Tobin

Arbitration Agreements Can Backfire on Employers

Weintraub Tobin on

It is no secret that arbitration agreements may greatly reduce the risks that many employers face in disputes with employees. For example, when used correctly, such agreements can curb exposure to class actions by forcing...more

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