Matthew K. Lilly | Bradley Arant Boult Cummings When a party files a lawsuit in court despite agreeing in the contract to arbitrate the dispute, the Federal Arbitration Act (FAA) entitles the responding party to file a motion to stay, or pause, the lawsuit and compel the case to arbitration. While the responding party can… Continue reading Is It Too Late to Arbitrate? The Supreme Court Clarifies the Test for Whether a Party Has Waived Its Right to Arbitrate
Tag: Federal Arbitration Act
Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
Alexander Thrasher | Bradley A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract… Continue reading Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
United States Supreme Court Limits Class Arbitration
Jeffrey K. Brown and Raymond J. Nhan | Payne & Fears | April 24, 2019 On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v. Varela, 587 U.S. __ ,… Continue reading United States Supreme Court Limits Class Arbitration
Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal
Chip Merlin | Property Insurance Coverage Law Blog | May 15, 2019 “Oh, Boy!” was my first thought after reading a case which holds that those arbitration agreements requiring policyholders to arbitrate in far-away places could not be stopped by state law. Congress should stop this, and state legislators should write laws to ban those… Continue reading Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal
Are Residential Real Estate Contracts Outside the Bounds of the Federal Arbitration Act?
Liz Kramer – July 25, 2012 The Supreme Court of South Carolina just ruled that contracts for the sale of residential property are not interstate commerce, and therefore are outside the reach of the Federal Arbitration Act. Bradley v. Brentwood Homes, Inc., __ S.E.2d __, 2012 WL 2847616 (S.C. July 11, 2012). That is a… Continue reading Are Residential Real Estate Contracts Outside the Bounds of the Federal Arbitration Act?