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
Against a recent spate of proarbitration decisions reported on here, here and here, the Sixth Circuit has now bucked that trend, refusing to apply retroactively an agreement to arbitrate to bar pending claims where the language used in the arbitration agreement indicates an intent to “head off future lawsuits, not to cut off existing ones.” … Continue Reading