It is hornbook law that the Federal Arbitration Act (“FAA”) enforces pre-dispute arbitration agreements involving just a hint of interstate commerce. Section 1, however, has a carveout providing: “nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The limited exception contained in section 1 has created a circuit split on the standard to use when determining whether an employee falls under the exemption’s residual clause.[1] On February 22, 2021, the Supreme Court, for the time being, refused to resolve the issue by denying Certiorari in Amazon.com, Inc. v. Rittman, No. 20-622.
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This article was first published on the Securities Arbitrate Alert, here. In about a month, the Supreme Court has gone from zero arbitration-centric cases set for review to four (five...
By George FriedmanIn this episode of the Arbitration Conversation, Amy interviews International Arbitrator and Mediator Wolf Von Kumberg on investor-state arbitration and mediation. https://youtu.be/7TRxcAtSsAA
By Wolf Von Kumberg, Amy SchmitzIn this episode of the Arbitration Conversation Amy interviews Hilary Mofsowitz, a South African Labor and Employment Arbitrator with the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa....
By Hilary Mofsowitz, Amy Schmitz
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