Karl Bayer's Disputing Blog » Court Decisions about Arbitration

Fifth Circuit Affirms Order Stating Question of Arbitrability Was Delegated to the Arbitrator in $1.6 Billion Oil Lease Dispute

By Beth Graham - August 31, 2017

The nation’s Fifth Circuit Court of Appeals has upheld a federal district court’s order stating a $1.6 billion fraud lawsuit must be arbitrated.

Fort Worth COA Rules Church Must Arbitrate Claims Against Roofing Materials Manufacturer

By Beth Graham - August 30, 2017

Texas’s Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying a company’s motion to compel arbitration.

5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement

By Beth Graham - August 25, 2017

The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”).

W. D. of Pennsylvania Addresses Optional Appeal to Second Arbitration Tribunal

By Mark Kantor - August 23, 2017

It is very rare to see a court decision addressing whether an optional appeal to a second arbitration tribunal is available under the applicable arbitration agreement and arbitration rules to a party disappointed by a first tribunal’s arbitration award.

SCOTUS Asked to Consider Order Denying Arbitration in Texas Ponzi Scheme Case

By Beth Graham - August 17, 2017

Last week, a group of former Ponzi scheme financial advisers asked the United States Supreme Court to overturn the Fifth Circuit’s decision affirming a lower court’s order denying their motion to compel arbitration.

NLRB Files Responsive Brief in Murphy Oil Case

By Beth Graham - August 16, 2017

In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems Corp. v. Lewis, No. 16-285 (7th Cir., May 26, 2016), and Ernst & Young LLP v. Morris, No. 16-300 (9th Cir., August 22, 2016).

5th Circuit Upholds Class Waiver Without an Arbitration Agreement

By Beth Graham - August 14, 2017

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a class-action waiver that is not included in an arbitration agreement because such a requirement violates the National Labor Relations Act (“NLRA”).

Misclassification in the Sharing Economy: It’s the Arbitration Agreements

By Beth Graham - August 8, 2017

Elizabeth Chika Tippett, Assistant Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It's the Arbitration Agreements,” Rutgers Law Review, Forthcoming.

SCOTUS to Hear Oral Argument in Murphy Oil on October 2nd

By Beth Graham - August 7, 2017

On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the National Labor Relations Act.

Second Circuit Rules ExxonMobil Subsidiary Must Comply With FSIA in Order to Enforce $188 Million ICSID Arbitration Award in U.S.

By Beth Graham - July 18, 2017

The United States Court of Appeals for the Second Circuit has ruled that an ExxonMobil Oil Corporation subsidiary may not enforce a $188 million International Center for Settlement of Investment Disputes (“ICSID”) arbitral award against the Venezuelan government in the United States without first complying with the notice requirements provided for in the Foreign Sovereign Immunities Act (“FSIA”).