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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In this episode of the Arbitration Conversation Amy interviews Karl Bayer, an Alternative Dispute Resolution practitioner with almost thirty years of experience in litigation, mediation, and arbitration. A long-time successful...By Karl Bayer, Amy Schmitz
This article first appeared on the Davis Wright Tremaine LLP blog, here. A recent California Court of Appeal decision (Bannister v. Marinidence OPCO, LLC) provides employers with important guidance about...By Crystal Miller-O'Brien, Beatrice Nuñez-Bellamy