Searching Content indexed under Arbitration & Dispute Resolution by Jason R. Brost ordered by Published Date Descending.
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Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy
In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida's Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration award to be void as a matter of law and policy.
United States
12 Dec 2018
Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes Regarding A Related Agreement
Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause?
United States
26 Nov 2018
District Court Finds That The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Is Not Preempted By State Law Prohibiting Arbitration Of Insurance Disputes
A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension ...
United States
23 Nov 2018
Fifth Circuit Finds That Arbitrator Exceeds Authority In Reforming Contract For Mutual Mistake
The Fifth Circuit has affirmed a district court's ruling vacating an arbitrator's decision reforming a contract for mutual mistake, finding that reformation ...
United States
24 Sep 2018
Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable
Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act ...
United States
13 Aug 2018
Eleventh Circuit Finds Defendant Can't Use Unsigned Consent To Receive Text Messages To Compel Arbitration Of TCPA Claim
Hope Gamble sued New England Auto Finance, Inc. (NEAF) in federal court under the Telephone Consumer Protection Act (TCPA).
United States
2 Jul 2018
Eleventh Circuit Finds Defendant Can't Use Unsigned Consent To Receive Text Messages To Compel Arbitration Of TCPA Claim
Hope Gamble sued New England Auto Finance, Inc. in federal court under the Telephone Consumer Protection Act
United States
27 Jun 2018
Fifth Circuit Allows Non-Signatories To Enforce Arbitration Agreement
The Fifth Circuit has affirmed an order compelling arbitration, despite the fact that the parties seeking to compel arbitration were not signatories to the relevant arbitration agreement.
United States
5 Jun 2018
Court Of Appeal Of England And Wales Finds That Party's Forgery Of Documents In Connection With A Transaction Does Not Bar Confirmation Of Arbitration Award
The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission ...
17 May 2018
Arbitrator's Decision Not Based On Manifest Disregard Of The Law, But Challenge To That Decision Was Not So Meritless As To Warrant Sanctions
Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent's president, asserting that he had not been fired...
United States
25 Apr 2018
Sixth Circuit Finds That Compelling Arbitration Does Not Impair State Interest In Exclusive Jurisdiction Over Matter Already Removed To Federal Court
The case arose out of the insolvency of the Kentucky Health Co-op, a non-profit health insurance company.
United States
6 Apr 2018
Second Circuit Rejects Manifest Disregard Of Law As A Basis For Vacating An Arbitration Award
A panel of the Second Circuit has, in an unpublished summary order, emphasized the high bar that must be cleared by a party seeking to vacate an arbitration award.
United States
15 Mar 2018
Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit
The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract containing an arbitration clause.
United States
20 Feb 2018
California Court Considers Enforceability Of Arbitration Clause In Reinsurance Related Agreement Applying Nebraska Law
In a case involving a reinsurance participation agreement (RPA), a California trial court has examined the interplay between two seemingly irreconcilable contract provisions: one that provided for the arbitration...
United States
1 Feb 2018
Ninth Circuit Considers Jurisdiction To Hear Appeal Of Decision Vacating Arbitration Award And Remanding For A New Arbitration
The Ninth Circuit has found that it had jurisdiction to hear an appeal of a district court decision vacating an arbitration award and remanding the case for a new arbitration.
United States
30 Jan 2018
Court Refuses To Reconsider Arbitrator's Factual Determinations
In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages...
United States
12 Jan 2018
Second Circuit Enforces Arbitration Agreement In Favor Or Non-Party Whose Agent Entered Into That Agreement
The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement ...
United States
17 Oct 2017
Procedural Provision Of FAA Inapplicable In California State Court Action When Arbitration Agreement Is Silent On Choice Of Law Or Procedures
On appeal, defendant argued that the FAA's procedural provisions should apply, because the arbitration agreement said nothing about choice of law.
United States
7 Sep 2017
Uber Customer Arbitration Agreement Enforceable Under California Law, Says Second Circuit
The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided "reasonably conspicuous" notice of Uber's Terms of Service to which he "unambiguously manifested assent"...
United States
6 Sep 2017
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