1984 was a dramatic year for literature and law. George Orwell’s classic novel came of age, with its four Ministries of Peace, Love, Plenty, and Truth that brilliantly described their opposites. Less observed that year—except by administrative lawyers—was the U.S. Supreme Court’s decision in Chevron v. Natural Resources Defense Council, the case that was to recalibrate judicial review of agency decisions. Also decided that same year was Southland Corp. v. Keating, a case preempting state arbitration laws that even administrative lawyers may have ignored.
Read moreArbitration Agreements Lacking Employer’s Signature Can Be Enforceable, Says Texas Appellate Court (US)
…a three-judge panel of the Court of Appeals for the First District Court of Texas held that an employer could compel a former employee to arbitrate her wrongful termination case, even though it had not signed the arbitration agreement, because the evidence demonstrated that the employer intended to be bound by the agreement and there was no evidence that the parties intended for the employer’s signature to be a condition precedent to the contract’s enforcement.
Read moreArbitration? Court says not so fast.
Card v. Wells Fargo, 2020 U.S. Dist. LEXIS 45117 (D. Or. March 16, 2020), relying on Section 4 of the Federal Arbitration Act, the court deferred ruling on Defendant’s motion to compel arbitration, finding that an evidentiary hearing or jury trial is required to determine whether a valid arbitration agreement exists.
Read moreArbitrations By Unilaterally Appointed Arbitrators: In Jeopardy?
The Arbitration and Conciliation Act 1996 ('A&C Act') was amended by the Arbitration and Conciliation (Amendment) Act 2015 ('Amendment Act'). Apart from other changes, the Amendment Act amended §12 of the A&C Act and introduced the 5th, 6th, and 7th Schedule with the objective of securing the impartiality of arbitrators and improving the legitimacy of the arbitration process in India.
Read morePeter Cappelli: A pushback on mandatory arbitration
Employers and businesses of all kinds understandably do not like to be sued. It is a time-consuming and expensive process, even if you end up winning. Because of that, defendants often believe that plaintiff lawyers will pursue cases against them even if those lawyers do not think they will win their cases in hopes that the defendants will pay up just to avoid going to court. It is not surprising, therefore, that employers and businesses would do what they can to avoid being sued.
Read moreB.C. Court rules in favour of Amazon arbitration clause
While Heller v. Uber Technologies Inc. awaits conclusion at the Supreme Court of Canada, a B.C. court has stayed a proposed class proceeding brought against Amazon, which was based on an arbitration clause mandating arbitration in the U.S.
In Heller, The Ontario Court of Appeal overturned a stay of a proposed class action, finding the arbitration clause unconscionable. In Williams v. Amazon.com, Inc., plaintiff John Williams argued his facts were similar to Heller but failed to persuade Justice Karen Horsman of the B.C. Supreme Court.
Read moreHoly Smokes: Subway Franchise’s Arbitration Effort Defeated, in part, By Mandatory EWC Provision that “Consent Not a Condition of Purchase”
Predictably the consumer filed a TCPA class action after receiving texts in connection with the promotional club she had joined by supplying her phone number and argued that the arbitration clause in the terms and conditions were not binding on her since there was no way she could have accessed it without herculean effort. The Court agreed and concluded the clause was unenforceable. Here’s the key (pretty convincing) analysis:
Read moreUnion Square Hospitality Group walks back arbitration agreement mandate
Union Square Hospitality Group has rescinded a recently introduced mandatory arbitration agreement that would prevent employees from filing class action lawsuits against the company, Eater reports. Sexual harassment claims were excluded.
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