Shortly after New York Attorney General Loretta Lynch's 47-count indictment involving FIFA (Fédération Internationale de Football Association) was announced in May, legal insiders and outsiders alike were asking how the U.S. was able to coordinate the arrests of foreign citizens in foreign countries for violating U.S. laws. The question--one of jurisdiction--is likely to be examined closely as the FIFA case plays out in federal district court. At the center of the indictment is the claim that FIFA was engaged in a "pattern of racketeering activity," which provides the backbone for the charges under the Racketeer Influenced and Corrupt Organizations Act ("RICO").
Massachusetts law recognizes arbitration as "a remedy created by statute which limits its availability to the parties to an arbitration agreement." Rae F. Gill, P.C. v. DiGiovanni, 34 Mass.App.Ct. 498, 503 (1993). In other words, a statute - the Massachusetts Arbitration Act (G.L. c. 251) ("MAA") - creates the ability for parties to settle their legal disputes through arbitration, but those parties also must have a prior agreement to do so. But what happens when one party refuses to arbitrate?