Menu
Arbitration Provision
Online Arbitration Round-Up
August 2, 2013
There are three recent opinions on motions to compel arbitration which illustrate the impact of the Internet in this area...
August 2, 2013
There are three recent opinions on motions to compel arbitration which illustrate the impact of the Internet in this area...
California Court Upholds Arbitration Provision Invoked by Non-Signatory
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
Invalid Attorney’s Fee Provision Severed and Arbitration Compelled
June 17, 2013
An arbitration provision in an employment agreement provided that the “costs and expenses of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties.” The court held the provision invalid because it would have prevented the plaintiff, if successful, from recovering attorneys fees as provided for in Title VII. However, the court severed the invalid provision and compelled arbitration. Adams v. Republic Parking System, Inc., Case No. 12-1310 (USDC W.D. Okla. April...
June 17, 2013
An arbitration provision in an employment agreement provided that the “costs and expenses of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties.” The court held the provision invalid because it would have prevented the plaintiff, if successful, from recovering attorneys fees as provided for in Title VII. However, the court severed the invalid provision and compelled arbitration. Adams v. Republic Parking System, Inc., Case No. 12-1310 (USDC W.D. Okla. April...
Texas Supreme Court Upholds Arbitration Agreement in Trust
May 10, 2013
Stacie Strong: The Supreme Court of Texas upheld an arbitration provision in an inter vivos trust. This is the first state...
May 10, 2013
Stacie Strong: The Supreme Court of Texas upheld an arbitration provision in an inter vivos trust. This is the first state...
Goldman Can Arbitrate Gender Discrimination Class Action
March 21, 2013
The Second Circuit held today in Parisi v. Goldman Sachs that an arbitration provision in an employment agreement would be enforced, even though the plaintiff contended that arbitration on an individual basis would prevent her from pursuing “a pattern-or-practice claim” under Title VII of the Civil Rights Act of 1964 (where the arbitration provision did not permit class arbitration). The Circuit held—on a ground more pertinent to discrimination claims than to arbitration law—that “’pattern-or...
March 21, 2013
The Second Circuit held today in Parisi v. Goldman Sachs that an arbitration provision in an employment agreement would be enforced, even though the plaintiff contended that arbitration on an individual basis would prevent her from pursuing “a pattern-or-practice claim” under Title VII of the Civil Rights Act of 1964 (where the arbitration provision did not permit class arbitration). The Circuit held—on a ground more pertinent to discrimination claims than to arbitration law—that “’pattern-or...
