Eleventh Circuit: arbitration clause broad enough to be “related to” post-termination dispute, but is it too broad to be enforceable?

Parties seeking to compel arbitration often rely on the rule that where an arbitration agreement contains broad language, any ambiguity about whether a claim must be arbitrated should be resolved in favor of arbitration. The Eleventh Circuit, in reversing a decision by the Northern District of Georgia, recently relied on that rule in finding that a cable subscriber agreement containing an arbitration clause “related to” a dispute arising after the termination of the subscriber agreement. Hearn v. Comcast Cable Commc’ns, LLC, 992 F.3d 1209 (11th Cir. 2021). But the Eleventh Circuit remanded to the district court to determine whether the arbitration clause was too broad to be enforced against a consumer of cable services, describing the enforceability issue as “a close question.”

Read the complete story here.

Featured Arbitrators

ad
View all

Read these next

Category

Second Version of The Draft Code of Conduct: Hits and Misses

This article was first published in the Indian Review of International Arbitration (IRIArb) journal. For more information about the journal, see here. On April 19, 2021, the Second Version of...

By Abhisar Vidyarthi, Sikander Hyaat Khan
Category

March Madness as SCOTUS Sets “Final Four” Oral Arguments for Last Two Weeks in March

This article first appeared in the Securities Arbitration Alert Blog here. We reported in December that the Supreme Court had granted Certiorari in four cases involving arbitration. The Court has just set...

By George Friedman
Category

Arbitration Conversation No. 33: Prof. Nicolás Lozada Pimiento from Universidad Externado de Colombia

In this episode of the Arbitration Conversation Amy interviews Nicolás Lozada Pimiento, a partner of the firm Rincón Cuéllar & Asociados and professor of arbitration, trade and business law at...

By Nicolas Pimiento, Amy Schmitz

Find an Arbitrator

X
X
X