The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more
10/7/2019
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Commercial Arbitration ,
Cross-Border ,
Discovery ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
International Arbitration ,
Non-Parties ,
Petition for Writ of Certiorari
As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not provide an independent basis for federal subject matter jurisdiction over federal court proceedings concerning domestic...more
For an arbitration agreement to be enforceable, the parties must have a reasonable opportunity to understand its terms. See Fagerstrom v. Amazon.com, Inc., 141 F. Supp. 3d 1070 (S.D. Cal. 2015). With this principle in mind,...more
3/7/2019
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Clickwrap Agreements ,
Consumer Contracts ,
Customer-Loyalty Programs ,
Disability Discrimination ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Point of Sale Terminals ,
Retailers
In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, but the applicable arbitration agreement...more
When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02...more
As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document...more
Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more
10/3/2017
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Discovery ,
Document Productions ,
Federal Arbitration Act ,
Motion to Compel ,
Non-Parties ,
Personal Jurisdiction ,
Rule 45 ,
Subpoenas
When a claimant who is party to an arbitration agreement initiates litigation of arbitrable claims, the defendant in that case typically expects to be able to move successfully to compel arbitration under the Federal...more
Last month, we described the split among Federal Circuit Courts regarding the question of whether the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, mandates a stay rather than dismissal of a judicial proceeding after a...more
Under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., if a District Court compels arbitration of all of the claims that are before it, and thereupon dismisses the suit, its order compelling arbitration is final...more