An arbitration provision providing that “all controversies which may arise between the parties” was sufficiently broad and clear to require disputes related to the arbitration panel’s jurisdiction to be settled by the arbitration panel itself. “The question of who decides arbitrability is itself a question of contract.” “In determining whether the arbitrability of a dispute is to be resolved by the court or the arbitrator, the arbitration agreement is determinative.” In determining whether the parties have agreed “to arbitrate arbitrability,” a court should require “clear and unmistakable evidence that they did so”…
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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about advice for attorneys representing parties in arbitration where the other side is not...
By Erin Archerd, Steven Shapiro, Imre Szalai, Amy SchmitzThis article first appeared in the NJ Family Legal Blog, here. As we have written before, alternate dispute resolution is a favored way to resolve divorce matters, whether it be...
By Eric SolotoffThere has been a lot of recent legislative action aimed at reining in forced arbitration clauses in consumer and employee contracts. Sherrod Brown’s Arbitration Fairness for Consumers Act (“Consumer Act”)...
By Brittany Munn, Colin Rule
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