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Employment Contract › Mandatory Arbitration Clauses › Jurisdiction

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

Venable LLP on

A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

AB 51 Update: Court Continues TRO on California’s Arbitration Statute

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Assembly Bill (AB) 51, which attempts to ban certain mandatory arbitration agreements, was scheduled to go into effect on January 1, 2020. However, a coalition of business organizations filed a suit on December 9, 2019...more

Ervin Cohen & Jessup LLP

SB 707: California Continues to Attack Arbitration Agreements

Ervin Cohen & Jessup LLP on

Although popular with employers as a method to expedite the resolution of disputes and reduce costs, arbitration is unpopular with plaintiff’s lawyers and, apparently, the California Legislature. As we wrote about here,...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

BCLP

California High Court Rules that Contract Principles Govern Who Decides the Availability of Class Arbitration Under an Arbitration...

BCLP on

On July 28, 2016, in Sandquist v. Lebo Automotive, Inc., the California Supreme Court (the “Court”) held that the underlying arbitration agreement, as interpreted under California contract principles, should determine whether...more

Haight Brown & Bonesteel LLP

Can Arbitrators Rule On Their Own Jurisdiction? The Ninth Circuit Answers Yes

Haight Brown & Bonesteel LLP on

In Brennan v. Opus Bank (9th Cir. 13-35580), published August 11, 2015, the Ninth Circuit ruled on the issue of whether a court versus an arbitrator has jurisdiction over determining the enforceability of a mandatory...more

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