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Federal Arbitration Act › Contract Formation

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. 
Troutman Pepper Locke

Ninth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

Troutman Pepper Locke on

In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more

Troutman Amin LLP

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

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Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more

Morgan Lewis

Third Circuit Rules on ‘Mind-Bending’ Arbitration Question

Morgan Lewis on

The US Court of Appeals for the Third Circuit recently issued a precedential decision on what it called “the mind-bending issue of arbitration about arbitration.” Relying on an arbitration agreement between the plaintiff and...more

Dorsey & Whitney LLP

California Court Enforces Arbitration Clause in Cannabis Contract

Dorsey & Whitney LLP on

An October 2019 decision in the U.S. District Court for the Northern District of California confirmed that cannabis companies can form contracts even if the purpose of the contract is for an illegal purpose and that...more

Mintz - Arbitration, Mediation, ADR...

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Mintz - Arbitration, Mediation, ADR... on

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Foley & Lardner LLP

Class Action Waivers: Silence May NOT Be Golden

Foley & Lardner LLP on

Since when does silence in a contract speak louder than words? The United States Supreme Court will soon answer this question in deciding whether an arbitration agreement between an employer and its employees can authorize a...more

Carlton Fields

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

Carlton Fields on

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more

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