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The U.S. Supreme Court's Decision in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (2010)

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 issues relating to the validity of the arbitration...

Determining the Adjudicator of Arbitrability Issues: Rent-A-Center West v. Jackson and Granite Rock v. International Brotherhood of Teamsters

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) [ enhanced version available to lexis.com subscribers...

Arbitrating Arbitrability

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 to contract. If two sophisticated businesses reach...

Carlyle Backs Off Arbitration Provision

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 interested parties, we have decided to withdraw the...

High Court Hears Arguments on Validity of Arbitration Clause in Antitrust Action

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 service contract violated the Federal Arbitration...

Arbitration: Coming Soon to a Transaction Near You?

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.com subscribers ] held that the Federal Arbitration...

NC Business Court Stays Arbitration Pending Ruling on Piercing the Veil Claim

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 lexis.com subscribers ]. The Plaintiffs in the Business Court are the respondents in a separate arbitration...