Yesterday, the California Supreme Court issued a decision in Fuentes v. Empire Nissan, in which it addressed how the “tiny and unreadable print” in which a contract (here, an arbitration agreement) is printed plays into a court’s unconscionability analysis. The court held “that a contract’s format generally is irrelevant to the substantive unconscionability analysis, which […]
Category Archives: Arbitration
President Trump is no friend of consumer arbitration. As longtime readers of the blog know, during his first term, Trump signed the Congressional Review Act resolution blocking the CFPB’s arbitration rule from going into effect. So it is intriguing to see Trump sue JPMorgan Chase over the bank’s debanking him when his contract with the […]
Myriam E. Gilles, now of Northwestern, has written Arbitration In Name Only. Here’s the abstract: Modern arbitration clauses hide a dirty secret: many aren’t arbitration at all. They masquerade as mutual commitments to fair and efficient private dispute resolution but, in truth, are mere imitations of genuine arbitration provisions. Some reserve for the drafter the power […]
There are many decisions addressing whether website interactions constitute a valid and binding contract–frequently, one to arbitrate. Under California law, “scrollwrap” or “clickwrap” offers, which require a user to affirmatively agree to terms and conditions after being presented with them, are are generally held to create enforceable contracts. On the other hand, “browsewrap” offers, where […]
Courtesy of James J. Duane of Regent University
The Securities and Exchange Commission this week said that it would allow corporations filing registration statements to use predispute arbitration clauses for investor claims. In its policy statement, the SEC said that “the presence of an issuer-investor mandatory arbitration provision will not impact decisions whether to accelerate the effectiveness of a registration statement under the […]
Last Monday, the California Supreme Court issued its decision in Hohenshelt v. Superior Court of Los Angeles County, and held that California Code of Civil Procedure section 1281.98, a provision of the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations, is not preempted by the Federal Arbitration Act. That provision […]
Yesterday, the California Supreme Court issued a unanimous opinion in Ford Motor Warranty Cases. In each of the consolidated cases, plaintiffs who had purchased Ford vehicles sued Ford, alleging defects in the cars they purchased, violations of express and implied warranties, and fraudulent concealment. Ford moved to arbitrate on the grounds that the sales contracts between […]
The arbitration firm JAMS posted a piece this week recognizing the 100th anniversary of the Federal Arbitration Act (FAA). Indeed, Congress passed the FAA in Feb. 1925 to facilitate resolution of business to business disputes, validating the ability of commercial parties of relatively equal bargaining power to agree in their contracts to resolve their disputes […]
So Bonnie Eslinger reports in Law360’s American Arbitration Assoc. Accused Of Pro-Corp. Monopoly. The plaintiffs claim violations of state and federal antitrust laws. Here are the first two paragraphs of the complaint: This case is about the predatorial behavior of an arbitration association in its attempt to race to the bottom of the barrel of […]