Sixth Circuit Reverses District Court for Exceeding Its Authority by Ruling on Arbitrability…..

The plaintiff alleged that she was a victim of an illegal predatory loan orchestrated by the defendant’s company. The loan allegedly charged excessive interest but was shielded from U.S. law by tribal sovereign immunity.

The plaintiff filed suit, alleging that the loan was illegal and that the defendant had committed RICO and other consumer protection violations. The loan contract, however, included an arbitration provision, providing that “any dispute … related to this agreement will be resolved through binding arbitration” under tribal law, subject to review in tribal court. The defendant moved to compel arbitration, contending that the plaintiff agreed to a delegation clause to arbitrate issues “concerning the validity, enforceability, or scope” of the arbitration agreement, but the district court denied the defendant’s motion. The court found that the enforceability of the arbitration agreement “has already been litigated, and decided against [the defendant], in a similar case commenced in Vermont.”

Read the complete story here.

Featured Arbitrators

View all

Read these next


While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

This article first appeared on the Employment Class Action Blog, here. A U.S. Court of Appeals for the Ninth Circuit panel ruled that Uber Technologies drivers don’t fall within the...

By John Lewis

Arbitration Conversation No. 45: Prof. Stephen Ware, Kansas University School of Law

In this episode of the Arbitration Conversation Amy interviews Stephen J. Ware, the Frank Edwards Tyler Distinguished Professor of Law at the Kansas University School of Law.

By Stephen Ware, Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 2

In 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

Find an Arbitrator