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 was first published on the Arbitration Matters blog, here. In Goberdhan v Knights of Columbus, 2022 ONSC 3788, Justice Harris dismissed the Defendant’s motion to stay the Plaintiff’s wrongful...
By Lisa C. MunroIn this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the Federal Litigation and Appeals Clinic at the Drexel University Thomas...
By Richard Frankel, Amy SchmitzThis article first appeared on the Securities Arbitration Alert ('SAA') blog, here. FINRA’s Office of Dispute Resolution Services (“DRS”) has again administratively postponed all in-person arbitration and mediation hearings, and...
By George Friedman
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