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
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
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
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
