In CleanSpark Inc. v. Discover Growth Fund, the Court was faced with two contractual provisions, one establishing personal jurisdiction in the S.D.N.Y. and another requiring arbitration elsewhere, and determined that while questions of arbitrability are ordinarily determined by courts, the parties had presented clear and unmistakable evidence of their intention to arbitrate questions of arbitrability.
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In this episode of the Arbitration Conversation, Amy interviews Prof. Dave Larson of the Mitchell Hamline School of Law about digital accessibility in mediation, arbitration, and online dispute resolution. https://www.youtube.com/watch?v=UEyWsL-3zcUBy David Larson, Amy Schmitz
This article first appeared on Securities Arbitration Alert (SAA), here. The arbitration underlying a suit challenging a FINRA Panel’s authority to hold a virtual hearing over a broker’s objection has been...By George Friedman
Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit...By Edward Lenci