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All articles tagged '"arbitration clause"'
137 articles found
Commentary on Rent-A-Center v. Jackson and Arbitration Unconscionability
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010, the U.S. Supreme Court will hear an arbitration case. Chicago, has its own with overlapping issues. On February 15, 2010, I FILED 10cv1013 in the United States District Court for Northern, Illinois. See Falconer v. Gibsons Restaurant Group et. al. My opponent (Gibsons) has argued that the federal court lacks subject matter jurisdiction to decide if the arbitration clause is unconscionable (see its Pacer documents 12 & 1
Texas Federal Court Holds that Arbitration Agreement Naming NAF as the Arbitrator is Unenforceable
By Victoria VanBuren - April 26, 2010
The United States District Court for the Southern District of Texas, Houston Division held that an arbitration agreement naming the National Arbitration Forum (NAF) as the arbitrator was unenforceable because NAF (now unavailable) was an integral part of the arbitration provision. In Ranzy v. Extra Cash of Texas, No. H-09-3334, 2010 U.S. Dist. LEXIS 22551 (S.D. Tex. March 11, 2010), the arbitration clause at issue stated, AGREEMENT TO ARBITRATE A
Prawfsblawg: Allocating Power Between Courts and Arbitrators – and Why Scholars of Federal Courts Should Care
By Victoria VanBuren - February 23, 2010
Aaron Bruhl (pictured left) Professor at the University of Houston Law Center, has posted this interesting commentary at the Prawfsblawg yesterday about Rent-A-Center v. Jackson, the upcoming U.S. Supreme Court case about whether courts or arbitrators should decide the issue of unconscionability. (previously discussed here). Here is an excerpt: The Federal Arbitration Act makes arbitration agreements as enforceable as all other contracts. In Apri
Ten Hallmarks of Effective International Arbitration Agreements
By Victoria VanBuren - February 9, 2010
We came across this Mayer Brown LLP article identifying ten characteristics of an enforceable dispute resolution clause. Ten Hallmarks of Effective International Arbitration Agreements By William H. Knull Article – International Arbitration, Litigation & Dispute Resolution, Americas, Asia, Europe 19 January 2010 International arbitration can provide the security of a neutral forum and a framework of enforcement treaties that is far supe
Halliburton/KBR Files Cert. in Jones v. Halliburton
By Victoria VanBuren - February 8, 2010
Via On Point News, we learned that Halliburton/KBR has recently filed a petition for certiorari with the U.S. Supreme Court on the case Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009). The issue is whether the arbitration provision in an employment contract includes the tort claim of sexual assault. The petition presents this question: Respondent Jamie Leigh Jones filed a complaint in federal district court against her employer, seeking redres
Fifth Circuit Compels Arbitration of Attorney’s Fees Dispute Between Law Firm and Former Client
By Victoria VanBuren - February 4, 2010
The United States Court of Appeals for the Fifth Circuit held that an arbitration clause is enforceable notwithstanding that the parties had terminated their services contract. In Hall-Williams v. Law Office of Paul C. Miniclier, PLC, No. 09-30113 (5th Cir. Jan. 13, 2010), Carolyn Hall-Williams (Hall-Williams) is a former client of the Law Office of Paul C. Miniclier (Miniclier). In September 2006, Hall Williams hired Miniclier to represent her i
GUEST-POST | Part Two: The Emergence in the Last Month of an Express Judicial Recognition that Arbitration Clauses Barring Class Relief in Consumer Agreements Are Void
By Victoria VanBuren - July 28, 2009
By Peter Friedman In Part One, we asked whether there is any solution to the problem created by mandatory arbitration clauses and class action waivers in consumer online transactions. As a general rule, courts hold that mandatory arbitration clauses are enforceable. Thus, for example, the Pennsylvania Law Encyclopedia explains that under the Uniform Arbitration Act, a version of which governs the use of arbitration in virtually 36 states, mandato
Texas Supreme Court Finds that Court Abused Its Discretion by Allowing Pre-Arbitration Discovery
By Victoria VanBuren - July 21, 2009
The Supreme Court of Texas held that a court abused its discretion by permitting discovery instead of deciding a motion to compel arbitration. In re Houston Pipe Line Co., __S.W.3d __ (Texas 2009) (No. 08-0800) involves a gas purchase agreement between Houston Pipe Line Company, L.P. and O’Connor & Hewitt, Ltd. The agreement was based on the Houston Ship Channel Price Index (the “Index”) and contained the following arbitrati
Texas Federal Court Finds Blockbuster’s Online User Agreement ‘Illusory’ and Denies Motion to Compel Arbitration
By Victoria VanBuren - June 24, 2009
[Ed. note: This case is a bit old, but an important one. It somehow got lost in the pile of papers sitting on my desk. Thanks to San Antonio arbitrator and mediator Don Philbin for bringing this case to our attention back in April. ] The United States District Court for the Northern District of Texas held that an arbitration clause in Blockbuster’s Online User Agreement is illusory, thus, unenforceable and denied Blockbuster’s motion
Fifth Circuit Finds that Nonsignatories Are Bound by Decedent’s Arbitration Agreement
By Victoria VanBuren - May 14, 2009
The U.S. Court of Appeals for the Fifth Circuit held last week that nonsignatories plaintiffs were bound by the arbitration agreement between decedent and his employer. In Graves v. BP American Inc., No. 08-40575 (5th Cir. May 6, 2009), plaintiffs are the surviving relatives of an employee of defendant JV Industrial Companies, who died in a work-related accident at a BP facility in Texas. The plaintiffs sued under the Texas wrongful death statute
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