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.”
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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the growing interest in education around arbitration, especially in a digital world, and...
By Imre Szalai, Steven Shapiro, Erin Archerd, Amy SchmitzIn this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about appointing arbitrators for online arbitration (OArb), especially in a digital world and faced...
By Rachel Goedken, Amy SchmitzThis article first appeared in the NJ Family Legal Blog, here. As we have written before, alternate dispute resolution is a favored way to resolve divorce matters, whether it be...
By Eric Solotoff
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