Log In / Register | Feb 9, 2012

SCOTUS Holds Class Actions Waivers In Arbitration Agreements Are Enforceable

In a 5-4 decision of AT&T Mobility LLC v. Concepcion, No. 09-893 (April 27, 2011),  the U.S. Supreme Court held that arbitration agreements in standard form contracts that waive the right to pursue a class action are enforceable, and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq., preempts a California court ruling to the contrary. 

Mandatory Arbitration and the Automobile Dealer Arbitrations

Congress is still considering the arbitration fairness act, which could include a provision banning mandatory arbitration in franchises.  This hasn't gained a lot of traction in the franchisee world because the thinking behind it is fundamentally misguided.

Glenn E. Davis of Gallop, Johnson & Neuman Secures $472,000 Arbitration Award

Glenn E. Davis of Gallop, Johnson & Neuman Secures $472,000 Arbitration Award for Medicine Shoppe International in Franchise Dispute Affirmed by Eighth Circuit Court

Australia Follows UN Arbitration Path

Piece by piece Australia introduces legislation to allow the legal profession a shot at competing for the large Arbitration market.

Rent-an-Arbitrator

It's been a pretty busy week for arbitration issues at the Supreme Court.  Yesterday, the Court heard oral argument in Rent-a-Center v. Jackson, a potentially very important arbitration case that I've discussed before.

Malay Arb Standard Similar to US

Malaysian courts view arbitral vacatur in a manner similar to US courts.

Is Rescission an Arbitral Remedy?

Is recission a proper arbitral remedy? Even if recission would primarily benefit non-parties to the proceeding?

SCOTUS Grants Certiorari in Consumer Arbitration Cases

The U.S. Supreme Court will hear two cases regarding the power of an arbitrator to determine his own jurisdiction.

New Auto Dealers Arbitration: Faster, Cheaper

Congress just passed a bill to allow terminated auto dealers to arbitrate their termination under an expedited procedure.  The procedure highlights the issue of faster, cheaper, that I've been discussing.