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All articles tagged '"arbitrability"'
61 articles found
SCOTUS Agrees to Consider Arbitrability of Independent Contractor Agreements
By Beth Graham - March 12, 2018
The United States Supreme Court has granted certiorari in a case involving the arbitrability of independent contractor agreements.
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.
Third Circuit Rules Arbitrability is a Gateway Issue
By Beth Graham - June 23, 2017
The United States Court of Appeals for the Third Circuit has issued a decision stating a federal judge committed error when he ruled on a party’s motion to dismiss a case before he considered whether the dispute should be arbitrated.
Fifth Circuit Holds Arbitrability is a Gateway Issue Where Arbitration Agreement Exists
By Beth Graham - November 16, 2016
The Fifth Circuit Court of Appeals has ordered a worker’s Fair Labor Standards Act (“FLSA”) lawsuit to arbitration.
International Implications of the Will as an Implied Unilateral Arbitration Contract
By Beth Graham - September 22, 2016
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “International Implications of the Will as an Implied Unilateral Arbitration Contract,” 68 Florida Law Review Forum, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2016-21.
S.D. Texas Holds Arbitrator Must Decide Arbitrability Question in Employment Discrimination Case
By Beth Graham - March 23, 2015
The Southern District of Texas in Houston has ordered the question of arbitrability to be decided by an arbitrator in an employment discrimination case. In Valdez v. Autozone Inc., No. H-14-3386 (S.D. Tex., February 17, 2015), a woman, Valdez, filed a motion to compel arbitration against her former employer, Autozone, in the Southern District of Texas.
Fifth Circuit Refuses to Compel Arbitration Based on Full Faith and Credit Clause
By Beth Graham - November 8, 2014
The United States Court of Appeals for the Fifth Circuit has refused to compel arbitration in a contract dispute over annuity payments. In Saucier v. Aviva Life and Annuity Co., No. 13-60854 (5th Cir., October 29, 2014), a man, Saucier, agreed to accept a structured settlement for certain personal injury claims in 1990. As part of the settlement, Saucier received periodic annuity payments from Aviva Life and Annuity Company.
Fifth Circuit Holds Court Must Decide Issue of Arbitrability in Labor Contract Dispute
By Beth Graham - October 23, 2014
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute.
Houston Appeals Court Holds Issue of Arbitrability is for Arbitration Panel to Decide
By Beth Graham - September 16, 2014
Texas’ First District Court of Appeals in Houston has affirmed a trial court’s ruling that it was up to an arbitral panel to determine whether it had jurisdiction to hear a corporate tax dispute. In Halliburton Co. v. KBR, Inc., No. 01-12-00949-CV, (Tex. App – Houston, September 11, 2014), Halliburton spun off its wholly-owned subsidiary KBR in 2007. Prior to the separation, the companies entered into a number of agreements including a Master Se
Arbitrability Decisions Before, During and After Arbitration
By Beth Graham - August 23, 2014
John James Barcelo III, William Nelson Cromwell Professor of International and Comparative Law and Elizabeth and Arthur Reich Director, Leo and Arvilla Berger International Legal Studies Program at Cornell University Law School, has authored Arbitrability Decisions Before, During, and After Arbitration, Liber Amicorum (2015), Forthcoming; Cornell Legal Studies Research Paper No. 14-24. In his publication, Professor Barcello examines the three pri
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