Arbitration & Mediation
Morgan Stanley Lawsuit Highlights Pitfalls of Emailed Employee Contracts
Insight
A lower court had ruled that an employment-arbitration agreement between Morgan Stanley and the employee was enforceable, even though the former sales assistant claimed she never read a 2015 email.
Site Cannot Compel Arbitration Based on Amended Terms Without User Notification of Change
Insight
The court’s opinion offers some lessons on building a record that establishes that users have been given notice of a later-added arbitration clause and that an actual mailing or attempt to mail have been directed personally to the user, according to Proskauer Rose.
When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?
Insight
Parties wishing to ensure resolution of “gateway” questions of arbitrability by a specific decision-maker –whether the court or arbitrator –should spell out their preference as clearly as possible in the arbitration clause, according to Williams Mullen.
Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement
News
The 5th U.S. Circuit Court of Appeals has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate, reports Karl Bayer in the Disputing blog.
Drafting the Arbitration Provision in Commercial Contracts: Back to Basic
Insight
A good practice is for the arbitration clause to be detailed and to specify a variety of terms, advise John P. DiBlasi and Jacqueline I. Silvey in an article for National Arbitration and Mediation.
An Arbitrator’s Power May Be Greater Than That of a Judge
Insight
Although an arbitration agreement can be written (double-spaced) on one side of a cocktail napkin, in some cases it may grant greater authority to an arbitrator than a judge has, writes Narges Kakalia of Mintz Levin.
Reducing the Cost of Arbitrating Large Complex Cases
Insight
The Streamlined Three-Arbitrator Panel Option allows parties to utilize a single arbitrator for the preliminary and discovery stages of a case, the AAA explains.
Benefits and Challenges of Robotized Arbitration
Insight
Big data and e-discovery can assist counsel in document management and reduce the risk of human error during discovery, write Winston Maxwell and Gauthier Vannieuwenhuyse of Hogan Lovells.
Are Your Employees’ Electronically-Signed Agreements Enforceable?
Insight
In several recent cases, employees have disputed that they electronically acknowledged an agreement with their employer,” writes Drew York for Gray Reed & McGraw.
Gig Worker’s Hopes of Arguing Case in Court Are Dashed By Arbitration Agreement
Insight
The April 25 decision is a solid win for gig employers and could provide a template for how other similar businesses should structure their own arbitration agreements, according to Fisher & Phillips LLP.
Arbitrability Basics: An Illustration of the ‘Autonomy’ Principle
Insight
When considering an arbitration clause in a contract, one must always bear in mind the “separability” or “independence” of the arbitration agreement &mdaqsh; the autonomy principle, writes Narges Kakalia for Mintz Levin.
Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?
Insight
In a client alert, Pepper Hamilton surveys the effects of incorporating an arbitration provider’s rules or common arbitration provisions on who determines questions of arbitrability.
Dissecting Common Basic Arbitration Clauses – You Can Build a Better One
Insight
All too often, parties to arbitration make agreements that leave the decisions on most of their options to others or to chance, warns Daniel Pascucci for Mintz Levin..
Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts
Insight
The case will be important for in-house and private transactional attorneys who draft contracts with transportation sector independent contractors, as well as litigators handling employee misclassification cases, according to Holland & Knight.
Long-Running Construction Defect Fight in Texas Ends With Defense Win
News
A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win secured by attorneys of the West Mermis law firm for the general contractor.
Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause
Insight
Pepper Hamilton LLP’s Constructlaw blog discusses an Ohio case in which a plaintiff sued a building company and attempted to have the arbitration clause in a construction contract declared unenforceable.
Sexual Harassment Roundtable: Practical Guidance for Employers
Webinar, March 1, 2018, 1 p.m. EST
Sexual harassment continues to be a significant workplace problem that has moved front and center with continuing prime-time media coverage.
‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?
Insight
The “home country” provision provides that the party initiating arbitration must sue the other party in its home country, explains a post by Skadden, Arps, Slate, Meagher & Flom.
On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award
Insight
A federal district court has the authority to vacate an arbitrator’s class certification award based on the due process rights of absent class members, according to a post on the website of K&L Gates.
Employer’s Notice of Mandatory Arbitration Program May Be Insufficient to Compel Arbitration
Insight
Something more is required in order to be able to infer the employee’s knowing assent to the new term of employment, the Sixth Circuit ruled.
