Contract Disputes, Mandatory Arbitration Clauses

Arbitration’s Double-Edged Sword: The Rise of Mass Claims

Husch Blackwell LLP on 4/10/2025

In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a...more

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

Latham & Watkins LLP on 5/3/2023

A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more

The Great Debate: Do You Arbitrate Commercial Disputes?

Bradley Arant Boult Cummings LLP on 9/29/2022

In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Originally...more

Important judgment on pre-conditions in arbitration clauses

BCLP on 6/29/2021

Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Two

Latham & Watkins LLP on 10/12/2020

Four recent developments highlight the benefit of arbitration clauses amidst uncertainty about choice of court clauses. Introduction - With the end of the Brexit transition period on 31 December 2020 fast approaching,...more

Arbitration Clauses in Employee Contracts and Beyond

Womble Bond Dickinson on 1/24/2020

Chris Fairey, General Counsel for American Residential Services, one of the nation’s largest residential and commercial heating, air-conditioning, and plumbing services companies, sits down with Mark to discuss arbitration...more

District Court Compels Arbitration Pursuant to Operating Agreement

Carlton Fields on 9/30/2019

The action arises out of a foreclosure sale in which property was conveyed to First 100 LLC. Subsequent to the foreclosure sale, First 100 conveyed the property to Alan and Theresa Lahrs as trustees of the Lahrs Family Trust....more

Ohio Court of Claims upholds necessity of contractors and sureties to follow contractual dispute resolution process

Bricker Graydon LLP on 7/10/2019

In Berkley Ins. Co. v. Kent State University, Case No. 2018-00579, 2018-Ohio-5453 (Dec. 6, 2018), the Ohio Court of Claims held that when a construction contract contains a mandatory dispute resolution process, that process...more

Non-signatory Third-Party Cannot Enforce Arbitration Clause In Contract

Carlton Fields on 2/21/2019

SBS is a staffing company that provides personnel to various retail services, such as SPAR. SBS engaged Paradise Hogan (“Hogan”) and assigned Hogan to SPAR. Hogan and SBS entered into an Independent Contractor Master...more

Eighth Circuit Finds All Claims Involving Consumer Credit Dispute Subject To Arbitration

Carlton Fields on 9/7/2018

A federal court in Minnesota determined that three of Plaintiffs’ claims were not subject to the applicable arbitration clause: (1) state-law usury claims; (2) state and federal financial disclosure claims; and (3) state-law...more

OnRisk: Arbitration Provisions in Insurance Policies

K&L Gates LLP on 3/21/2018

In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more

Fifth Circuit Affirms Court’s Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To...

Carlton Fields on 1/16/2018

A Texas federal court determined that, pursuant to the parties’ contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive...more

Contract Disputes › Mandatory Arbitration Clauses