News & Analysis as of

Federal Arbitration Act Contract Disputes Contract Terms

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. 
Ervin Cohen & Jessup LLP

Contemporaneous Onboarding Documents May Invalidate An Employer’s “Squeaky Clean” Arbitration Agreement

Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more

Katten Muchin Rosenman LLP

Fifth Circuit Affirms Party's Strategic Maneuver to Compel Arbitration From Federal Court Even When Forum Clause Required Remand

In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to...more

JAMS

From 1925 to Today: How the FAA Transformed Dispute Resolution

JAMS on

In 1925, Congress enacted the Federal Arbitration Act (FAA) requiring courts to enforce agreements to arbitrate as valid contract provisions. Business communities and trade associations campaigned vigorously in support of its...more

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

Carlton Fields

New York Court of Appeals Upholds Web-Based “Clickwrap” Agreement to Affirm Order Compelling Arbitration, Including Threshold...

Carlton Fields on

In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more

Bradley Arant Boult Cummings LLP

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to...more

Lathrop GPM

New York Federal Court Concludes Interim Arbitration Order Is Final and Confirms the Order Requiring Franchisor’s Payments to...

Lathrop GPM on

A federal court in New York recently ruled that an interim arbitration order was final and granted a developer’s petition to confirm the order which required the franchisor to make payments to the developer while the...more

Morrison & Foerster LLP - Class Dismissed

Beware Of Conflicting Terms: When Customers Entered Into Multiple Contracts, Scotus Says Courts Must Decide Which One Governs...

On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules That Judges – Not Arbitrators – Must Resolve Disputes Where Various Agreements May Govern a Particular Dispute...

In 23-3 Coinbase, Inc. v. Suski (05/23/2024) (supremecourt.gov) (May 23, 2024), the U.S. Supreme Court once again delved into the frequently litigated arena of arbitration agreements. Specifically, the Court considered...more

McGlinchey Stafford

Threshold Arbitrability Questions: SCOTUS Rules that Courts, Not Arbitrators, Must Decide Which Contract Governs

McGlinchey Stafford on

On May 23, 2024, the Supreme Court unanimously ruled that when parties have agreed to more than one contract – one that contains a clause sending threshold arbitrability questions to an arbitrator and one that sends those...more

Lathrop GPM

Florida Federal Court Denies Motion to Vacate Arbitration Award Brought by Franchisee Who Claimed Not to Have Notice of the...

Lathrop GPM on

A federal court in Florida rejected a franchisee’s motion to vacate an arbitration award entered against it despite its arguments it did not have notice of the arbitration hearing. Your CBD Stores Franchising, LLC v....more

Jaburg Wilk

Putting the Shine on Schein, and What Does Vin Diesel Have to Say About Arbitrations?

Jaburg Wilk on

As Dominic Toretto says: “Ask any racer, any real racer, it doesn’t matter if you win by an inch or a mile, winning’s winning.” “Fast and Furious” is the tenth highest-grossing film series ever, with a combined gross of over...more

Carlton Fields

Connecticut Supreme Court to Consider Whether Parties Can Use FAA to Extend Time to Vacate Arbitration Award

Carlton Fields on

The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Buchalter

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

Buchalter on

Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

Carlton Fields

New York Court Compels Arbitration of Commercial Marijuana Dispute

Carlton Fields on

The defendants moved to compel arbitration of a complex dispute concerning the parties’ investment in medical marijuana companies. The plaintiff claimed that the defendants breached a non-compete agreement and fiduciary...more

Carlton Fields

Court Confirms Arbitration Award Under FAA’s Strong Presumption in Favor of Such Awards

Carlton Fields on

This case arises from a dispute over the parties’ obligations under several oil and gas leases. The parties engaged in an arbitration pursuant to an arbitration agreement. The arbitration panel entered awards in favor of...more

Troutman Pepper Locke

Federal Arbitration Act Preempts Florida State Statute Which Prohibits Out-of-State Resolution of Construction Claims Involving...

Troutman Pepper Locke on

Sachse Constr. & Dev. Corp. v. Affirmed Drywall, Corp., 2018 Fla App. Lexis 9998 (July 18, 2018) - Sachse Construction, a Michigan-based general contractor, entered into a subcontract (the “Subcontract”) with Affirmed...more

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