The dispute surrounded the employee’s termination due to an inability to be physically present at the workplace. The employee filed suit in Rhode Island state court, alleging that the employer failed to provide reasonable accommodations for her known disability. The employer removed the case to federal court and then filed a motion to compel arbitration.
The employee contended that the employment agreement and its arbitration provision ended with the employment relationship, but the court found that the arbitration clause survived the underlying contract. The court found that the language of the agreement “along with common sense” indicated that employment-related disputes, including termination, were governed by the arbitration provision. The court further ruled that whether the employment agreement was still in effect was a matter of contract interpretation that was for the arbitrator to decide….
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This article first appeared in the weekly Securities Arbitration Alert of 22 July 2021 and is reposted here with permission. Amicus Briefs have begun to be filed in Servotronics, where...
By George FriedmanICSID and UNCITRAL have just released an update to the draft Code of Conduct for Adjudicators in International Investment Disputes. This new version amends the original draft Code, which was published in...
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By George Friedman
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