Latest Posts › Arbitration

Share:

California Supreme Court outlines severance standards for unconscionable contract provisions in arbitration case

Issues surrounding unconscionability and severance are commonplace in motions to compel arbitration, especially in California. Under California Civil Code section 1670.5, a court has three options when presented with an...more

Ninth Circuit decides two pro-arbitration cases

The Ninth Circuit concluded that arbitration agreements were enforceable in two opinions that addressed three significant arbitration issues: (1) the standards applicable to the mutual assent analysis in online transactions;...more

Supreme Court holds district courts must stay and not dismiss cases subject to arbitration

In a short but unanimous opinion, the Supreme Court resolved a Circuit split by confirming that district courts have no discretion under section 3 of the Federal Arbitration Act (FAA) to dismiss litigation. Rather, the...more

The AAA Enacts Mass Arbitration Supplementary Rules

The American Arbitration Association (“AAA”) has enacted new Mass Arbitration Supplementary Rules, as well as a new fee schedule, that went into effect on January 15, 2024. The AAA defines “mass arbitration” as: (1)...more

The Ninth Circuit chips away at arbitration through waiver, ruling that waiver does not require a “heavy” showing and that a...

Takeaway: The Ninth Circuit ruled that a defendant can waive its right to compel absent class members to arbitrate by failing to assert that right early in class litigation—even if there is no arbitration agreement with the...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide