Contract Formation, Mandatory Arbitration Clauses

NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement

Genova Burns LLC on 7/14/2025

In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the...more

California Court Enforces Arbitration Clause in Cannabis Contract

Dorsey & Whitney LLP on 11/5/2019

An October 2019 decision in the U.S. District Court for the Northern District of California confirmed that cannabis companies can form contracts even if the purpose of the contract is for an illegal purpose and that...more

Developments in Enforceability of Arbitration Provisions in Consumer-Facing Online Agreements

Wilson Sonsini Goodrich & Rosati on 5/7/2019

Courts throughout the country continue to express skepticism over, and go to lengths to deny the enforceability of, arbitration provisions in consumer online agreements. A recent example from the New York Supreme Court for...more

What In-House Counsel Need To Know About Their Form Arbitration Clauses – Ten Foundation Questions

Mintz - Arbitration, Mediation, ADR... on 8/16/2017

Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration...more

Court Refuses To Enforce Arbitration Clause Due To Lack Of Mental Capacity

Winstead PC on 1/11/2017

In Oak Crest Manor Nursing Home, LLC v. Barba, a plaintiff sued a nursing home for negligently allowing a patient with mental disorders to leave the facility and jump from a bridge in an attempt to commit suicide. No....more

Another Road Bump for Consumer Arbitration Clauses in New Jersey

Clark Hill PLC on 6/17/2016

On June 14, 2016, the New Jersey Supreme Court issued yet another consumer friendly decision that further impedes the ability to enforce an arbitration agreement under New Jersey law. In a 5-1 decision, the Court in Dever v....more

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

Troutman Pepper on 11/19/2014

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more

Contract Formation › Mandatory Arbitration Clauses