Contract Terms, Arbitration, Arbitration Procedural Rules

Second Circuit Rules Courts Cannot Compel Employers to Pay Arbitration Fees Under the FAA

Jackson Lewis P.C. on 9/11/2025

An employer that withholds disputed arbitration fees in a pending arbitration has not “refused” to arbitrate within the meaning of the Federal Arbitration Act (FAA); therefore, a court has no authority to compel the employer...more

Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

Carlton Fields on 9/6/2024

In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Shumaker, Loop & Kendrick, LLP on 6/5/2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on 1/20/2020

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Ninth Circuit Steps In-Line on Arbitrability of ERISA Claims

Carlton Fields on 10/10/2019

The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more

District Court Declines to Decide Procedural Arbitrability Issue, Separately Seals Docket, Finding “Reasonably Significant Privacy...

Carlton Fields on 3/27/2019

Everest Reinsurance Co. reinsured Pennsylvania National Mutual Casualty Insurance Co. under several treaties requiring the parties to arbitrate all disputes....more

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on 1/10/2019

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the...

Troutman Pepper Locke on 8/23/2018

Ambac Assur. Corp v. Knox Hills LLC, 2018 Ky. App. Lexis 188 (June 15, 2018) - This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing...more

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