Courtesy of James J. Duane of Regent University
Category Archives: Arbitration
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 […]
David Horton of California, Davis has written Do Arbitrators Follow the Law? Evidence from Clause Construction, 126 Colum. L. Rev. Forum — (forthcoming 2025). Here’s the abstract: Courts and scholars have long disagreed about whether arbitrators follow the law. In the past three decades, the stakes in this debate have soared as the U.S. Supreme Court […]
Four former servicemembers brought a putative class action against Citibank, alleging that it was violating the Servicemembers Civil Relief Act (SCRA) by charging certain interest rates on their credit card balances. Citibank moved to compel arbitration pursuant to the terms of the relevant credit card account agreements, but the district court denied the motion, citing […]
David Horton of California, Davis has written Accidental Arbitration, 102 Wash. U. L. Rev. — (forthcoming 2025). Here’s the abstract: The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. However, this Article explores a subtler way in which arbitration’s kingdom is […]
In September, I blogged about a Pennsylvania Supreme Court decision to review an intermediate appellate court decision holding that Uber’s “clickwrap” arbitration agreement was not enforceable under Pennsylvania law, as mutual assent was lacking based on the way it was presented to a user. Today, the New York Court of Appeals issued its own decision […]