As a general matter, Delaware courts retain jurisdiction to determine substantive arbitrability – that is, whether claims are subject to arbitration under the relevant arbitration clause. Delaware courts will defer to arbitrators’ determinations of such issues, however, where the parties’ contract reflects their “clear and unmistakable” intent to do so, a standard that may be met by, among other things, contractual language that “all disputes” are submitted to arbitration and the incorporation of official arbitration rules that empower arbitrators to decide arbitrability…
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This article first appeared on the Securities Arbitration Alert (SAA) Blog here. The COVID-19 pandemic hit all Americans in many ways, and the legal and alternative dispute resolution systems were...
By George FriedmanThis 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 FriedmanIn 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 Schmitz
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