Category: Arbitration: Delegation

Arbitration/FAA/Class Actions: Supreme Court Holds Arbitrator Does Not Exceed Powers By Deciding That Class Action Was Available

June 15, 2013 · Arbitration: Class, Arbitration: Delegation, Arbitration: Federal Arbitration Act

Impact of the Case Likely to Be Limited Because of Parties’ Agreement In Oxford Health Plans LLC v. Sutter (Sup. Ct. June 10, 2013) (Kagan, J., author, with Thomas, J., joining in concurrence by Alito, J.), the Supreme Court held that an arbitrator does not “exceed his powers” under section 10(a)(4) of the Federal […]

Arbitration/Nonsignatories/Equitable Estoppel: Ninth Circuit Puts Brakes On Toyota’s Attempt To Compel Prius Plaintiffs To Arbitrate Their Claims

February 3, 2013 · Arbitration: Consumers, Arbitration: Delegation, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

District Court Could Decide Whether Nonsignatory Could Compel Arbitration Toyota has been enmeshed in arbitration concerning the ABS braking system of its 2010 Prius. In Kramer v. Toyota Motor Corporation, et al., Case No. 12-55050 (9th Cir. January 1, 2013) (Quist, D. J., author 3-0) (published), owners of 2010 Priuses, parties to arbitration agreements […]

Arbitration: Second District Division 1 Construes 3 Separate Agreements And Concludes Parties Did Not Agree To Arbitrate

August 30, 2012 · Arbitration: Construction of Agreement, Arbitration: Delegation, Arbitration: Scope

Incorporation By Reference Argument Fails Freedom Films, LLC sued Nu Image, Inc., and M3 Media, Inc. for breach of contract, accounting, and fraud, adding doe defendants later as alleged alter egos. Defendants moved to compel arbitration under an arbitration provision. The trial court denied the motions on the ground that the parties had not […]

Arbitration: 1st District, Div. 5, Finds No Error In Trial Court’s Decision Invalidating One-Sided Arbitration Clause in Employment Agreement

March 4, 2012 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement, Arbitration: Delegation, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Severability, Arbitration: Unconscionability

Delegation to the Arbitrator of the Power to Decide Whether the Arbitration Clause is Unconscionable Is “Horse of a Different Color” That Must Satisfy High Evidentiary Standard The employer, CantorCo2e, L.P., and an executive, appealed from an order denying their petition to compel arbitration of the claims under the Federal Arbitration Act (FAA) […]