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