Belma Sujkovic | DiliTrust An arbitration agreement is a contractual provision requiring parties to resolve disputes through private arbitration rather than court litigation. A neutral arbitrator hears evidence and issues a binding decision, trading courtroom formality for speed, privacy, and efficiency. For legal professionals, these agreements are strategic risk management tools that determine who controls disputes, how… Continue reading What Is an Arbitration Agreement? Definition, Elements & Best Practices
Tag: Arbitration Agreement
Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement
Miguel Chamorro | Fuerst Ittle David & Joseph Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In Various Insurers, Reinsurers and Retrocessionaires v. General Electric International, Inc., 2025 WL 837869 (11th Cir. Mar.… Continue reading Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement
“Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
Jared W. Slater | Ervin Cohen & Jessup In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was “prejudice” to the party resisting arbitration. In other words, the courts were obligated… Continue reading “Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Michael Vincent and Steven Lindemann | Stinson Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even the undisputed existence of an arbitration agreement does not compel dismissal of a lawsuit. In one… Continue reading U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth 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… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements