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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The Canada–European Union Comprehensive Economic and Trade Agreement (CETA) List project demonstrated that there are occasions where appointing bodies have failed to give women the same opportunities to obtain arbitral appointments...
By Benjamin DavisThis article was first published on the Arbitration Matters blog, here. In Tessier v 2428-8516 Québec inc., 2002 QCCS 3159, Justice Dufresne granted an application for a declinatory exception in respect...
By Rachel HowieIn this episode of the Arbitration Conversation, Amy interviews Paul Barker, a partner in the Bay Area office of Kirkland & Ellis LLP and a member of the Firm’s ESG...
By Paul Barker, Amy Schmitz
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