For the second time in two years, the U.S. Supreme Court is being asked to decide whether the Federal Arbitration Act (FAA) preempts California law (the “McGill Rule”) which invalidates arbitration agreements that waive the right of consumers to seek public injunctive relief. This time, however, there are changed circumstances that increase the odds that the Court will grant review of this critically important arbitration issue.
Earlier, in June 2020, the Court denied two petitions for certiorari that presented the same FAA preemption issue. We reported on those cases extensively and filed an amicus brief on behalf of the American Bankers Association and the Consumer Bankers Association in support of the petitioners. Those cases arose from Ninth Circuit opinions which held that the FAA does not preempt the McGill Rule
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In this episode of the Arbitration Conversation Amy interviews Arbitrator Professor Maureen Weston, Professor of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project at Pepperdine Law's...
By Maureen Weston, Amy SchmitzThis article first appeared on Urbas Arbitral, here. In Syndicat des employés du CISSSMO, section locale 3247 v. Murray, 2021 QCCS 459, Madam Justice Suzanne Courchesne annulled an award rendered by...
By Daniel UrbasIn this episode of the Arbitration Conversation, Amy interviews Prof. Sarah Cole of the Moritz College of Law at Ohio State University about promoting diversity in arbitration. https://youtu.be/JsmRRNC95AI
By Sarah Rudolph Cole, Amy Schmitz
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