Recent Posts

Carlyle Backs Off Arbitration Provision
Posted on 6 Feb 2012 by Brian JM Quinn

Carlyle has apparently backed off including a controversial arbitration provision as part of its IPO that would have prevented unitholder class actions. According to Bloomberg : "After consultations with the SEC, Carlyle investors and other... Read More

High Court Hears Arguments on Validity of Arbitration Clause in Antitrust Action
Posted on 28 Feb 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action waiver clause in AmEx's standardized... Read More

The U.S. Supreme Court's Decision in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (2010)
Posted on 20 Jul 2010 by Timothy Murray

The U.S. Supreme Court held in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (2010) that a challenge to the validity of an arbitration agreement that contains a provision delegating to the arbitrator exclusive authority to resolve threshold... Read More

NC Business Court Stays Arbitration Pending Ruling on Piercing the Veil Claim
Posted on 2 Apr 2014 by Mack Sperling

The Order in Cold Springs Ventures, LLC v. Gilead Sciences, Inc. , 2014 NCBC 10 is a procedural conundrum wrapped up in arbitration issues [ an enhanced version of this opinion is available to subscribers ]. The Plaintiffs in the Business Court... Read More

Determining the Adjudicator of Arbitrability Issues: Rent-A-Center West v. Jackson and Granite Rock v. International Brotherhood of Teamsters
Posted on 8 Sep 2010 by Peter Lareau

In this Analysis, N. Peter Lareau explores generally the rules applicable to determining the adjudicator of arbitrability issues and then focuses on two June 2010 Supreme Court cases: Rent-A-Center, W., Inc. v. Jackson , 130 S. Ct. 2772 (U.S. 2010) [... Read More

Arbitrating Arbitrability
Posted on 31 Jan 2012 by Lee Berlik

Arbitrability--whether a contract creates a duty for the parties to arbitrate (rather than litigate) a particular grievance--is ordinarily a question of law to be decided by the court. Virginia, however, adheres to a public policy favoring freedom... Read More

Arbitration: Coming Soon to a Transaction Near You?
Posted on 12 Mar 2013 by Kevin M. LaCroix

In the latest of a series of decisions dealing with the enforceability of arbitration agreements, the U.S. Supreme Court in its 2011 decision in the AT&T Mobility LLC v Concepcion case [ an enhanced version of this opinion is available to lexis... Read More