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 episode Amy Schmitz interviews Ben Davis about diversity in arbitration, with a particular focus on the new Diversity and Inclusion Policy that was recently issued by ICCA (the...
By Benjamin Davis, Amy SchmitzThis article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A. Overview The Supreme Court has extended the validity and expanded the scope...
By Edward LenciIn this round of Arbitration Tips-N-Tools (TNT), Professor Amy Schmitz asks some of the leading arbitration practitioners about planning and executing a preliminary arbitration hearing, especially in a digital world...
By Amy Schmitz, Theo Cheng, George Friedman, Daniel Urbas, DeAndra Roaché
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