Arbitration
-
Arbitration/Delegation Clauses May Be Disregarded If Superseded by Subsequent Contract
The Federal Arbitration Act declares that arbitration clauses in written contracts are “”valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract…” 9 U.S.C. Sec. 2. The Act has been construed to make “arbitration/delegation” clauses, where the parties agree that issues over arbitrability itself… Continue reading
-
ARBITRABLE LAWSUITS NOT DISMISSABLE IN FEDERAL COURTS
When an issue in a lawsuit is subject to a valid arbitration agreement between the parties, the Federal Arbitration Act, 9 U.S.C. § 3, requiresfederal courts to “stay the trial of the action until such arbitration has beenhad been had in accordance with the terms of the agreement.” In Smith v.Spizzirri, decided on May 16,… Continue reading
-
EMPLOYED PRODUCT DISTRIBUTORS MAY BE EXEMPT FROM ENFORCEMENT OF ARBITRATION AGREEMENTS
The Federal Arbitration Act (the “FAA”) makes arbitration agreements in most commercial contracts enforceable,[1] however it exempts from its coverage arbitration agreements in employment contracts for “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.”[2] In Bisonette v. LePage Bakeries Park St., decided on April 12, 2024, the Court… Continue reading
RECENT RULINGS 