Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In...more
It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of that person’s family files a claim in...more
1/22/2025
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Breach of Contract ,
COBRA ,
Contract Terms ,
Delegation Clauses ,
Derivatives ,
Dispute Resolution ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Estoppel ,
Federal Arbitration Act ,
Motion to Compel ,
Settlement
Specificity seldom hurts in litigation. It is indispensable if you want to prevent an arbitrator from arbitrating something you think a court should adjudicate instead. But although you may be right about the...more