Topic
arbitration clauses
2,405 published works
ContractsProf Blog
Efficiency
Questions about the Efficiency of Employment Arbitration AgreementsMatthew BodieHofstra Univ. Legal Studies Research Paper No. 05-08 Georgia Law Review, Vol. 39, No. 1, p. 1, 2004This article considers how efficient…
Louisiana Law Blog
Arbitration Agreements: Are They Binding in Louisiana?
By Todd Rossi
Louisiana courts typically enforce, and broadly construe, contract provisions mandating arbitration to resolve disputes. However, two recent Louisiana appellate court decisions show that arbitration agreements can be avoided. In Aguillard…
Florida Probate & Trust Litigation Blog
Court says AHLA nursing home arbitration clause is “void as contrary to public policy”; and even if enforceable, a health care proxy lacks authority to bind an incapacitated nursing home patient to arbitrate claims
Blankfeld v. Richmond Health Care, Inc., 2005 WL 1226070 (Fla. 4th DCA May 25, 2005) (Trial Court Reversed) In what will surely be a disturbing decision to all Florida nursing…
ContractsProf Blog
Recent Law Review Articles of Interest
Interesting discussion of entrance and exit issues surrounding agreements to arbitrate. “One Judge’s Perspective on Procedure as Contract” Lee Rosenthal, 80 Notre Dame Law Review 669-80.A review of how the…
ContractsProf Blog
Cases: No consideration for arbitration clause
A manufactured-home buyer who voluntarily signed a manufacturer’s arbitration agreement in connection with a sale was not bound to arbitrate, says the Louisiana Court of Appeals in a recent decision.The…
ContractsProf Blog
Cases: Continued employment = consideration
An employee who continues to work for an employer after the employer publishes a policy requiring arbitration of employment disputes is bound by that agreement, according to the U.S. Court…
ContractsProf Blog
Chipping the rough edges off arbitration
The Washington Supreme Court has decided a couple of important cases recently on enforceability of arbitration clauses, Adler v. Fred Lind Manor and Zuver v. Airtouch Communications, Inc., both employment…
ContractsProf Blog
Cases—Arbitration clause—Term in employment agreement continues beyond end of original contract period
An arbitration agreement in a written one-year employment contract continues to apply to the employment relationship after the one year expires, according to the U.S. Court of Appeals for the…
Florida Probate & Trust Litigation Blog
Are Arbitration Clauses Enforceable?
If the likelihood of an estate dispute is high, consideration should be given to including an alternative dispute resolution clause (ADR) in the will and/or trust document. One possible form…
ContractsProf Blog
Cases—Arbitration—Broad arbitration clause should be viewed broadly
A broadly written arbitration clause will get broadly interpreted in Washington, the state’s Court of Appeals held in a recent decision.In the case, a buyer and a seller of a…