Kenneth Cesta on Arbitration Agreements

Ninth Circuit Affirms District Court’s Order Denying Online Cryptocurrency Exchange’s Motion to Compel Arbitration of Users’...

In David Suski v. Coinbase, Inc., et al., the Ninth Circuit affirmed a district court order denying defendant Coinbase, Inc.’s (Coinbase) motion to compel arbitration, concluding that issues surrounding a forum selection...more

1/20/2023 / Arbitration , Arbitration Agreements , Coinbase , Contract Interpretation , Delegation Clauses , Digital Currency , Forum Selection , User Agreements

Third Circuit Reverses Judgment Enjoining Arbitration Proceeding, Remands to District Court for Further Consideration

In Field Intelligence Inc. v. Xylem Dewatering Solutions Inc., the Third Circuit Court of Appeals agreed with the district court’s determination that the court, not the arbitrator, was required to determine whether the...more

10/28/2022 / American Arbitration Association , Arbitration , Arbitration Agreements , Contract Terms

District Court Orders Limited Trial to Address Party’s Authority to Sign Arbitration Agreement

Relying on the Federal Arbitration Act and recognizing that “this case presents one of the rare instances in which a defendant opposing arbitration survives the initial stage of an FAA proceeding,” the U.S. District Court for...more

10/7/2022 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Motion to Compel

Third Circuit Affirms Dismissal of Complaint With Prejudice After Plaintiff Failed to Initiate Arbitration Proceedings

Plaintiff R&C Oilfield Services appealed from an order of the U.S. District Court for the Western District of Pennsylvania. The district court granted defendant American Wind Transport Group’s motion to compel R&C to...more

9/15/2022 / Arbitration , Arbitration Agreements , Motion for Reconsideration , Motion to Compel , Motion to Dismiss

SDNY Compels Arbitration Pursuant to ADR Provision in Contract Governing Disputed Commercial Transaction

Applying the Federal Arbitration Act and recognizing that it “reflects a liberal federal policy favoring arbitration agreements,” the U.S. District Court for the Southern District of New York granted the defendant’s motion to...more

9/13/2022 / Arbitration , Arbitration Agreements , Contract Terms , Motion to Compel , Question of Arbitrability

Eleventh Circuit Enforces Employee Arbitration Agreement, Concluding That Agreement Was Not Unconscionable

In Lambert v. Signature Healthcare LLC, the Eleventh Circuit Court of Appeals reversed the district court’s denial of the defendants-appellants’ motion to dismiss and to compel arbitration under the FAA, holding that the...more

8/24/2022 / Arbitration , Arbitration Agreements , Corporate Counsel , Employment Contract , Employment Litigation , Unconscionable Contracts

Third Circuit Reverses Order Confirming Arbitration Award, Concluding Award Was Procured by Fraud

Recognizing that it’s “a steep climb to vacate an arbitration award” and that “[c]ourts will disturb an arbitration award only in limited circumstances,” the Third Circuit Court of Appeals reversed a district court’s order...more

8/23/2022 / Arbitration , Arbitration Agreements , Arbitration Awards

Ninth Circuit Confirms Arbitration Award Finding FAA Disallows Judicial Review of Whether Arbitrator’s Factual Findings “Are...

Plaintiff Annette Serna appealed from an order of the U.S. District Court for the Central District of California. Serna had brought wrongful termination and related claims against Northrop, including under California’s Fair...more

8/4/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act , FEHA

Third Circuit Confirms Arbitration Award Finding Award Was Consistent With Controlling Authority and Arbitrator Did Not Manifestly...

Defendants Jeffrey M. Smith and Sarah A. Smith appealed from an order of the U.S. District Court for the District of the Virgin Islands. The district court denied the Smiths’ motion to vacate the arbitration award entered...more

8/2/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , Motion to Vacate

Kenneth Cesta

Carlton Fields

Readers' Choice Awards

Popular Topics by This Author

Latest Posts › Arbitration Agreements