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Federal Arbitration Act Arbitration Fees

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

California Supreme Court to Decide Key FAA Preemption Case on Arbitration Fee Compliance

The Supreme Court of California is set to decide whether the Federal Arbitration Act (FAA) preempts a California statute that requires employers to forfeit the right to arbitrate disputes with employees if arbitration fees...more

Ervin Cohen & Jessup LLP

Employers Beware: Lessons from Sanders v. Superior Court of Los Angeles County

In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes....more

Ervin Cohen & Jessup LLP

The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act

Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more

Jackson Lewis P.C.

California Court of Appeal Holds California’s Law Regarding Payment of Arbitration Fees Preempted by FAA

Jackson Lewis P.C. on

In 2019, California enacted Senate (SB) Bill 707, a law codified as California Code of Civil Procedure sections 1281.98 and 1281.99, that automatically deems an employer’s failure to pay fees required for the commencement or...more

Proskauer - California Employment Law

Really, Really Pay Those Arbitration Fees Within 30 Days – Really!

Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024) - For the seventh time since they became effective in 2020, the California Court of Appeal has published an opinion holding that Cal. Code Civ. Proc....more

Paul Hastings LLP

Federal Case Challenges Mass Arbitration “Shakedown” Amid Recent Amendments to AAA Rules

Paul Hastings LLP on

A recent complaint against plaintiffs’ firm Zimmerman Reed directly challenges the law firm’s mass arbitration tactics and alleged “weaponization” of a California privacy statute. The complaint comes as arbitration...more

Ballard Spahr LLP

Seventh Circuit stays order requiring Samsung to pay millions in arbitration fees

Ballard Spahr LLP on

We previously blogged about an Illinois federal district court order requiring Samsung to pay about $4 million in arbitration fees in connection with 35,000 individual arbitration demands filed as part of a “mass...more

BakerHostetler

Eleventh Circuit Overturns Default Judgment for Failing to Pay Arbitrator’s Fee

BakerHostetler on

With the Epic Systems case broadly supporting employers’ rights to use arbitration agreements with class waivers, what is now emerging is the result of the necessary trade-off....more

K&L Gates LLP

OnRisk: Arbitration Provisions in Insurance Policies

K&L Gates LLP on

In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more

Carlton Fields

Ninth Circuit Allows Dispute To Proceed In Court After Arbitration Dismissed For Failure To Pay Deposit

Carlton Fields on

In mid-June, the U.S. Court of Appeals for the Ninth Circuit issued an opinion which holds that where an arbitration proceeding is dismissed because one side is unable to pay their share of the arbitration, the case may...more

Hinshaw & Culbertson LLP

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

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