Over the past four decades, the Supreme Court has issued a long string of decisions interpreting the Federal Arbitration Act to provide extensive protection for arbitration agreements. This term, however, was more of a mixed bag. Although the court issued a number of opinions that were pro-arbitration, it also wrote two that cut against the common business practice. In Southwest Airlines v. Saxon, the court ruled that the airline could not force the supervisor of a ramp for loading cargo onto its airplanes into arbitration under the FAA because the act exempts any “class of workers engaged in foreign or interstate commerce…
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Despite extensive rights of appeal provided in BP’s and D’s agreement to arbitrate, Mr. Justice William S. Chalmers in Bergmanis v. Diamond, 2021 ONSC 2375 held that their agreement did not apply...
By Daniel UrbasThis article first appeared on LexBlog.com, here. Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers fall within the Federal Arbitration Act’s transportation worker exemption bears...
By Lennon B. Haas, Kyle Petersen, Kevin M. YoungIn this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about making online arbitration (OArb) more widely available, especially in light of tech disparities,...
By Oladeji Tiamiyu, Myriam Seers, Olof Heggemann, Amy Schmitz
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