Rockstar Business | Better Consulting’s Post

Quick Hits The Supreme Court heard oral arguments in a case over whether federal courts have discretion to dismiss lawsuits once the claims are compelled to arbitration. The decision could resolve a 6-4 circuit split with the majority holding that district courts must stay lawsuits pending arbitration, and a minority holding that district courts may […] https://lnkd.in/dJHqVMUD www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money

Quick Hits The Supreme Court held that Section 3 of the FAA requires federal courts to grant stays of lawsuits after claims are sent to arbitration, if a stay is requested. The ruling resolves a 6–4 circuit split regarding whether federal district courts must stay lawsuits pending arbitration or whether they have discretion to dismiss […] https://lnkd.in/dhCA-pda www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money

Quick Hits The Supreme Court held that Section 3 of the FAA requires federal courts to grant stays of lawsuits after claims are sent to arbitration, if a stay is requested. The ruling resolves a 6–4 circuit split regarding whether federal district courts must stay lawsuits pending arbitration or whether they have discretion to dismiss […] https://lnkd.in/dhCA-pda www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money

Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to do so. Quach v. California Commerce Club, […] https://lnkd.in/dc_qzVX8 www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money

Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to do so. Quach v. California Commerce Club, […] https://lnkd.in/dc_qzVX8 www.Cyprus-CEO.com #CEO #business #management #marketing #tech #AI #legal #money

Feeling overwhelmed by the fine print in contracts? You're not alone. The legal jargon can leave even the savviest consumer scratching their head. Thankfully, the Competition and Consumer Act 2010, has been updated to introduce the new unfair contract term regime. In this article, our commercial law team discusses the unfair contract term regime and its impact on consumers and small businesses. Click the link to find out more! https://lnkd.in/gZw7-fKa #RamsdenLaw #RamsdenLawyers #CommercialLaw #CommercialAgreement #CommercialContract #SmallBusinesses #SmallBusiness #UnfairContractTerms

A "unilateral" choice-of-law clause does not choose a law to govern the contract at the time of signing. Instead, it gives one party the right to select a governing law after the dispute arises. In today's post, I first explain why certain large companies might find these provisions useful. I then consider whether they are likely to be enforced by U.S. courts. https://lnkd.in/eQPhmRvN

📜 𝐓𝐡𝐞 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐅𝐚𝐢𝐫𝐧𝐞𝐬𝐬 𝐀𝐜𝐭: 𝐑𝐞𝐬𝐭𝐨𝐫𝐢𝐧𝐠 𝐂𝐨𝐮𝐫𝐭𝐫𝐨𝐨𝐦 𝐀𝐜𝐜𝐞𝐬𝐬? ⚖️ In February 2022, the Arbitration Fairness Act was re-introduced in the U.S. Senate by Senator Richard Blumenthal and a group of Democratic co-sponsors. This proposed legislation could fundamentally change the landscape of arbitration in certain key areas. 💥 𝐓𝐡𝐞 𝐂𝐮𝐫𝐫𝐞𝐧𝐭 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐋𝐚𝐧𝐝𝐬𝐜𝐚𝐩𝐞 ⚖️ Binding arbitration clauses requiring disputes to be resolved by private arbitrators instead of courts have become commonplace in consumer, employment, antitrust, and civil rights cases. The Supreme Court has consistently upheld the enforceability of such clauses under the Federal Arbitration Act. 📄 Critics argue this system forces parties with far less bargaining power to forfeit their right to go to court before a dispute even arises. There are also concerns about the lack of transparency and limited appeal rights compared to the public court system. 🔍 𝐓𝐡𝐞 𝐏𝐫𝐨𝐩𝐨𝐬𝐞𝐝 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐅𝐚𝐢𝐫𝐧𝐞𝐬𝐬 𝐀𝐜𝐭 ✍️ If passed, the Arbitration Fairness Act would prohibit enforcing pre-dispute arbitration agreements that mandate arbitration in: • Employment disputes 💼 • Consumer disputes 🛒 • Antitrust cases 🚫 • Civil rights cases ⚖️ The act would render such arbitration clauses invalid and unenforceable, restoring the parties' ability to have their dispute heard in court. It would not eliminate arbitration entirely but merely prevent companies from forcing it in these contexts before any wrongdoing occurs. ⚠️ Critics contend mandatory arbitration tilts the scales of justice. Supporters argue arbitration provides a faster, cheaper, and more flexible alternative to court for willing parties. 🕰️💰 𝐏𝐨𝐭𝐞𝐧𝐭𝐢𝐚𝐥 𝐈𝐦𝐩𝐚𝐜𝐭 💥 The Act's introduction signals pushback against expansive use of forced arbitration provisions by corporations. 🏢 Companies would need to reevaluate their contracts, while parties could regain greater access to their constitutionally-guaranteed day in court. 👩⚖️ The Arbitration Fairness Act represents a substantial shakeup in the making for Alternative Dispute Resolution. 💫 #ArbitrationFairnessAct #MandatoryArbitration #ADR #DisputeResolution #EmploymentLaw #ConsumerLaw #Antitrust #CivilRights #LegalReform

One questions clients frequently ask is whether they should include #arbitration agreements when signing on new employees, and how that impacts the chances of future litigation. In an impactful decision for employers, #SCOTUS recently resolving a circuit split, federal courts no longer have the discretion to dismiss cases involving arbitration agreements under the #FAA, but are instead required to stay cases. #Employers should keep in mind California has its own set of rules, per usual, which apply to arbitration agreements under #CAA.

A recent, unanimous U.S. Supreme Court ruling mandates that district courts must stay cases pending arbitration, rather than dismiss them. Key Takeaway - Businesses and employers with arbitration agreements should be aware of the Supreme Court’s ruling and discuss with their counsel the procedural impact of moving to compel arbitration in federal court. My Perkins Coie LLP colleagues analyze the ruling, which resolves a long-standing circuit split, in this Update. #SCOTUS #Arbitration #AppellateLaw #LaborAndEmployment