The United States Supreme Court recently held that federal courts are required to stay litigation following the grant of a motion to compel arbitration – courts do not have discretion to dismiss the case. In Smith et al. v. Spuzzirri et al, delivery drivers brought...
A non-signatory may not avoid arbitration when they have knowingly exploited an agreement that contains an arbitration clause by knowingly accepting the benefits of such an agreement. This was AT&T Services Inc.’s (“AT&T”) principal argument in seeking a stay...
In Amaplat Mauritius Ltd. v. Zimbabwe Mining Development Corporation, et al., the United States District Court for the District of Columbia (“District Court”) recently held that a mining company was the alter ego of the Zimbabwean government and, thus, the District...
In Amaplat Mauritius Ltd. v. Zimbabwe Mining Development Corporation, et al., the United States District Court for the District of Columbia (“District Court”) recently held that a mining company was the alter ego of the Zimbabwean government and, thus, the District...
Litigants can waive their right to arbitrate through litigation conduct, a recent U.S. District Court decision reminded us. Much to the dissatisfaction of an au pair agency defending against a putative class action by foreign childcare workers alleging violations of...
The Eleventh Circuit Court of Appeals recently denied vacatur and confirmed an arbitration award despite the non-prevailing party’s allegations that the arbitral tribunal members failed to disclose that they had been seated with one another on other, unrelated...
Earlier this month, the Massachusetts Supreme Judicial Court ("SJC”) heard oral arguments in Good v. Uber Technologies, Inc. et al. At issue is whether Uber’s in-app pop-up screen provides to its customers reasonable notice of the terms of use containing, among other...
Arbitration is an alternative dispute resolution where the parties agree in advance that any dispute between them will be decided in a private proceeding by a neutral third party called an arbitrator. By signing an arbitration agreement, the parties waive the right to...
The United States Court of Appeals for the Fourth Circuit recently ruled that an arbitration clause in a contract between Amazon and an independently owned package delivery businesses was enforceable, notwithstanding the Federal Arbitration Act’s (FAA) exemption for...
The Supreme Court of the United States recently held in Yegiazaryan v. Smagin that a plaintiff alleged a domestic injury for the purposes of RICO in a case where the activities undertaken to evade enforcement of an international arbitration award occurred in...
