Category: Arbitration: Gateway Issues

Waiver, Gateway Issues: Waiver: Ninth Circuit Affirms District Court’s Ruling That Defendants Waived Right To Arbitration By Litigation Conduct

July 27, 2016 · Arbitration: Gateway Issues, Arbitration: Waiver

. Panel Holds That Lengthy Amount of Time Litigating In Federal Court “Will Almost Inevitably” Cause Parties To Expend More Time, Money, And Effort Than Had They Proceeded Directly To Arbitration. In Martin v. Yasuda, No. 15-55696 (9th Cir. 7/21/16) (Reinhardt, Wardlaw, Bennet), defendants, a cosmetology school and its principal, petitioned the 9th […]

Foreign Arbitration/Enforceability: Wake Up And Smell The Coffee: Ninth Circuit Holds Foreign Arbitration Foiled By Sham Agreement Concerning Coffee Franchise

March 20, 2016 · Arbitration: Construction of Agreement, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Foreign Arbitration, Arbitration: Gateway Issues

. . . In Which We Inaugurate A New Sidebar Category (Foreign Arbitration) And Petitioners Who Successfully Compelled Arbitration In District Court Lawsuit Concerning Coffee Franchise Dispute Get Roasted On Appeal. Our next case involves a dispute between an Italian corporation seeking to open a coffee franchise in the United States, and two entrepreneurs […]

Arbitration, Delegation, AAA Rules, Gateway Issues: Agreement To Conduct Arbitration Under AAA Rules Constitutes Clear And Unmistakable Evidence of Intent That Arbitrator Decides Whether To Permit Arbitration Of Class Claims

August 20, 2015 · Arbitration: Delegation, Arbitration: Employment, Arbitration: Gateway Issues, Arbitration: Rules

Incorporation By Reference Of AAA Rules Is The Key Here. Plaintiffs, who worked as armed security guards, brought an employment class action against their employers Universal Protection Service, LP and Universal Services of America, Inc. (UPS). After the trial court denied UPS’ motion to compel individual arbitration, while staying the suit pending arbitration, UPS […]

Arbitration, Delegation, Gateway Issues: Parties’ Reference To AAA Rules Constitutes Clear And Unmistakable Evidence The Arbitrator Decides Whether Agreement Permits Arbitration of Class Or Representative Claims

March 4, 2015 · Arbitration: Delegation, Arbitration: Gateway Issues

Agreement to AAA’s Employment Rules Necessarily Includes Agreement To AAA Class Action Rules. On February 28, 2015, I posted about an unpublished case holding that a reference to AAA Commercial Rule R-7 ambiguously delegates power to the arbitrator, because it gives the power to rule to the arbitrator, without saying that a trial judge […]

Arbitration, Class, Gateway Issues, Employment: A Rift In Court Of Appeals Decisions As To Whether Judge Or Arbitrator Decides If Agreement Allows Class-Wide Arbitration

January 14, 2015 · Arbitration: Class, Arbitration: Delegation, Arbitration: Employment, Arbitration: Gateway Issues

Fourth District Says When Agreement Is Silent, Judge Decides; Second District Says Arbitrator Decides – So The California Supreme Court Will Have To Decide. GATEWAY. Carol M. Highsmith, photographer. 2013. Library of Congress. When the arbitration agreement is silent, who gets to decide whether the arbitration agreement allows for class arbitration? Judge or […]

Gateway Issues: A Primer On Arbitrability

November 20, 2014 · Arbitration: Delegation, Arbitration: Gateway Issues, Arbitration: Scope

Richard Chernick, Esq. of JAMS Has Written “A Primer On Arbitrability”. I have posted frequently about “gateway” arbitrability issues, including recent developments concerning gateway arbitrability issues in class and representative actions, and distinctions between substantive and procedural gateway arbitrability issues. See my posts of November 17, 2014, and October 13, 2014. In fact, “Gateway […]

Arbitration/Gateway Issues: Judge, Not Arbitrator, Gets To Decide Whether Agreement To Arbitrate Authorizes Class Arbitration When Contract Is Silent – And That Goes For Representative Arbitration Too

November 17, 2014 · Arbitration: Class, Arbitration: Delegation, Arbitration: Employment, Arbitration: Gateway Issues

PAGA Is A Representative, Not A Class Action, And So Judge Gets To Decide Whether PAGA Action Is Subject To Arbitration. Defendant and employer Garden Fresh Restaurant Corporation petitioned for a writ of mandate seeking a writ directing the trial court to vacate part of an order leaving it to the arbitrator to determine […]

Court Of Appeal Affirms Order Denying Employee’s Petition To Compel Arbitration And Lays Out Framework For Determining Who Decides Class Arbitration Question And Whether Class Arbitration Is Appropriate

October 13, 2014 · Arbitration: Class, Arbitration: Delegation, Arbitration: Employment, Arbitration: Gateway Issues

Fourth District, Division Three Disagrees With U.S. Supreme Court Decision That Found Class Arbitration Question Is A Procedural Issue For Arbitrators To Decide Affirming a trial court’s order denying an employee’s petition to compel class arbitration of his wage and hour claims, the Court of Appeal in Network Capital Funding Corporation v. Papke, […]

Arbitration/Gateway Issues/Waiver/Employment: Court Of Appeal Affirms Order Denying Employer’s Motion Seeking To Compel Kurt The CyberGuy To Arbitrate

August 12, 2014 · Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Gateway Issues, Arbitration: Jurisdiction, Arbitration: Waiver, Celebrities

Opinion Addresses Substantive Versus Procedural Arbitrability – And Who Gets To Decide Kurt Knutsson, aka Kurt the CyberGuy, and his company, Woojivas, Incorporated, filed claims against KTLA, LLC, a television broadcaster, for breach of contract, misappropriating CyberGuy’s name and likeness, unfair business practices, and age discrimination. The company brought a motion to compel arbitration […]