Tag Archives: Arbitrability

Sixth Circuit emphasizes the importance of challenging an arbitration agreement’s delegation clause to allow a court to resolve the arbitration agreement’s enforceability.

Who decides whether parties to an arbitration agreement have to arbitrate their dispute?  If there’s a delegation clause, it’ll be the arbitrator—unless a party specifically challenges the delegation clause.   The Sixth Circuit issued a 2-1 decision in In re: StockX Customer Data Security Breach Litigation emphasizing this point and declining to rule on an arbitration … Continue Reading

Sixth Circuit Again Weighs in on Arbitration Clauses

The Sixth Circuit has been busy with arbitration cases in the past year, as we have covered here and here, largely trending in favor of arbitration. Last week, the Circuit issued an opinion in another arbitration case, Milan Express v. Applied Underwriters, holding that the enforceability of an arbitration clause is itself a matter for arbitration. … Continue Reading

Narrow Arbitration Clause Leaves High-Profile Claims in Court

The parties in Turi v. Main Street Adoption Servs. (pdf), Case No. 09-2229, will be battling it out in arbitration and federal court, due to a very narrow arbitration clause.  The Court’s detailed analysis of whether (and which) of the numerous claims were subject to arbitration means that many of the more high-profile claims will be litigated in open court.    … Continue Reading

Sixth Circuit Reverses Judgment Compelling Arbitration of Arbitrability

In a 2-1 decision handed down on August 12, the Sixth Circuit reversed a district court’s ruling that an arbitrator should decide whether 93 labor grievances against AK Steel Corporation must be resolved through arbitration. What made this a difficult case was that there were two contracts involved: (1) a “2007 Agreement” that included a grievance and arbitration procedure … Continue Reading