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
Last week, the Sixth Circuit handed down its decision in Supplemental Benefit Committee v. Navistar International Corp., an appeal by a corporation seeking to compel arbitration in an ongoing dispute over employee benefits. Subjecting the disputed contractual issues to arbitration and holding that Navistar had not waived arbitration by participating in litigation, the Sixth Circuit … 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
Siding with the Fifth, Ninth and Second (unpublished) Circuits in a longstanding circuit split, the Sixth Circuit in United States ex rel. Paige v. BAE Sys. Tech. recently distinguished between disputes “arising under” and “related to” a contract for arbitration purposes. The Sixth Circuit held that an arbitration clause mandating arbitration of “any dispute arising from this Agreement” … Continue Reading