Topic
arbitration clauses
2,405 published works
Labor Law Prof Blog
Employee (Unsuccessfully) Tries to Compel Arbitration
A Louisiana appellate court released an opinion yesterday in an unusual case involving a former employee filing a motion to compel arbitration against his former employer. The employee had signed…
Corporate & Securities Law Blog
Arbitrators, not Courts, Decide the Validity of Arbitration Clauses
The U.S. Supreme Court has ruled that arbitrators, not courts, decide the validity of contracts that include arbitration clauses ("Buckeye Check Cashing Inc. v. Cardegna"). The ruling is a victory…
Labor Law Prof Blog
Texas Supremes Order Arbitration on Mandamus Petition
The Texas Supreme Court Friday ordered a Dillard Department Stores sales associate to arbitrate a claim for workers-comp retaliation. The opinion addressed important issues concernng how state contract law governing…
ContractsProf Blog
Canada Struggles with CISG
As we've noted previously, it's always nice to see somebody other than us Americans screwing up interpretation of the U.N. Convention on Contracts for the International Sale of Good. In…
New York Attorney Malpractice Blog
Arbitration Clauses in Legal Malpractice
Is an arbitration clause in a retainer agreement enforceable? An article in today's NYLJ by David L. Eisberg, a partner at Quinn Emanuel suggests that arbitration clauses may not be…
TortsProf Blog
Arbitration Panel’s Punitives Verdict Reinstated Against Orkin
Conventional wisdom has been (so far as I can tell) that companies like mandatory arbitration because, among other things, the exposure to punitive damages is lessened -- indeed, some people…
Labor Law Prof Blog
Citigroup Exec Bound by Arbitration Language in Employee Handbook
From PlanSponsor.com:A former executive of Citigroup Inc., who hassued the bank for discrimination, has lost his bid to have his casetried in federal court.Reuters reportsthat a US District Court judge…
Delaware Corporate & Commercial Litigation Blog
Arbitrability Issues Addressed Again
Vice Chancellor Strine decided a second case this month dealing with arbitrability of a claim, based on an interpretation of an arbitration clause and whether it covered the claims being…
Louisiana Law Blog
Louisiana Supreme Court Addresses Arbitration Agreements
The Louisiana Supreme Court addressed the enforceability of an arbitration agreement in Aguillard v. Auction Management Corporation. In this action, defendant Gilmore Auction & Realty Company conducted a public action…
ContractsProf Blog
Arbitration and Fraudulent Misrepresentation
It's a rare contract case where a creative lawyer can't plead fraudulent misrepresentation as a claim. Where an international sales agreement has a broad arbitration clause, are fraudulent misrepresentation clauses…