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Federal Arbitration Act › Arbitration Agreements › Terms of Service

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Troutman Pepper Locke

Ninth Circuit Rejects Plaintiff’s Attempt to Contest Consolidation of Arbitration Claims

Troutman Pepper Locke on

On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more

Fenwick & West LLP

Ninth Circuit Nixes Live Nation’s ‘Unconscionable’ Arbitration Agreement

Fenwick & West LLP on

On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...more

Carlton Fields

Nevada Supreme Court Reverses Order Denying Motion to Compel Arbitration

Carlton Fields on

The Nevada Supreme Court recently reversed the denial of a motion to compel arbitration, explaining that the plaintiff’s arguments that the contract at issue was illegal were not a valid basis to deny arbitration because...more

Proskauer - Minding Your Business

Florida’s High Court Clarifies that Incorporating AAA Rules into an Arbitration Provision Delegates Arbitrability to Arbitrator

Proskauer - Minding Your Business on

When a litigant seeks to compel arbitration pursuant to the Federal Arbitration Act (“FAA”), there are two issues that must be resolved: (1) whether there is an agreement to arbitrate; and, if so, (2) whether the dispute at...more

Ward and Smith, P.A.

If You Have To Ask, The Answer Is: You Probably Have to Arbitrate

Ward and Smith, P.A. on

If you're like me, you've probably already looked through the cases the United States Supreme Court is going to hear as part of its October 2018 term. If you were inclined to perform this task, you would have noticed that...more

Ballard Spahr LLP

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

Ballard Spahr LLP on

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

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