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
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...
LexisNexisOverview: Former employee's claim that an arbitration
agreement was unconscionable did not specifically challenge a provision that
delegated to the arbitrator the authority to decide whether the agreement was
enforceable; the delegation provision therefore was treated as valid under...
GTSI Corp. v. Eyak Technology, LLC,
C.A. No. 5815-VCL (Del. Ch. Nov. 15, 2010), read opinion here.
The limited issue presented in this Delaware Court of
Chancery opinion is a perennial corporate litigation conundrum that has been
the subject of many case summaries on this blog...
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 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...
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
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...
In Oxford Health Plans v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court of the United States held that an arbitrator's determination that an agreement authorized class arbitration survived judicial review because the arbitrator...
On October 17, the California Supreme Court issued its opinion in Sonic-Calabasas v. Moreno , holding that an employment arbitration agreement is enforceable even where an employee is pursuing administrative remedies (typically for alleged unpaid wages) through the California Labor Commissioner.
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...