Two former Aon employees sued Aon, claiming restrictive covenants in agreements they entered into with the company were void, illegal, and unenforceable. Aon moved to compel arbitration per arbitration provisions in the relevant contracts. The plaintiffs argued that the arbitration provisions were both procedurally and substantively unconscionable, and thus unenforceable. In response, Aon pointed to “delegation clauses” in the provisions, pursuant to which disputes about gateway arbitrability issues are to be decided by an arbitrator. The plaintiffs claimed the delegation clauses were also unconscionable, but the U.S. District Court for the Northern District of California disagreed.
Read the complete story here.
In this episode of the Arbitration Conversation, Amy interviews Arbitrator Lisa Munro, a partner at Lerners LLP. Lisa brings to this role more than 25 years of experience as counsel...
By Lisa C. Munro, Amy SchmitzIn 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 was first published on the Arbitration Matters blog, here. In Nelson v The Government of the United Mexican States, 2022 ONSC 1193, Justice Penny dismissed Nelson’s application to set...
By Lisa C. Munro