What is “Arbitrability” and Who Decides?

The Court rules that it is for a court to decide whether the FAA’s Section 1 “contract of employment” exemption applies, regardless of the presence of a delegation provision in an arbitration clause, and that the exemption covers all classifications of workers.

June 16, 2019

By NIWR

New Prime Inc. v. Oliveira, 586 U.S._(2019)(slip opinion) Relevant Facts: A truck driver sued for wage and hour violations. The employer invoked an arbitration clause containing a delegation provision […]

The Court rules that where a party alleges both a contract and its arbitration clause were obtained by fraud, the question of the arbitration clause’s enforceability is for a court to decide.

May 21, 2019

By NIWR

Moseley v. Electronic & Missile Facilities, 374 U.S. 167 (1963) Relevant Facts: A plumbing and heating contractor subcontracted with a primary contractor under a contract with the U.S. Department […]

The Court holds that in cases where an arbitration clause contains a delegation provision, courts must rubberstamp arbitration proceedings even where arguments for arbitrability are “wholly groundless.”

February 7, 2019

By NIWR

Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S._(2019)(slip opinion) Relevant Facts: After a distributor’s deal with a manufacturer went bad, the distributor, Archer & White, filed […]

As with arbitration clauses generally, the Court requires parties to challenge delegation provisions with specificity in order to render them unenforceable.

February 7, 2019

By NIWR

Rent-A-Center, West, Inc., v. Jackson, 561 U.S. 63 (2010) Relevant Facts: After a retail salesman filed an employment discrimination claim against his former employer, the company moved to compel […]

Revisiting its 2003 opinion, the Court holds that class arbitration is not permissible under an arbitration clause that is silent on the issue.

February 7, 2019

By NIWR

Stolt-Nielson S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662 (2010) Relevant Facts: Petitioner shipping company entered into a contract with the respondent company, AnimalFeeds, that contained an arbitration clause. […]

The Court reaffirms that a challenge to the validity of the contract as a whole, but that fails to specifically challenge the arbitration clause, must be ordered into arbitration.

February 7, 2019

By NIWR

Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006) Relevant Facts: Victims of a predatory “payday” lending trap sued the predatory lender, a check cashing company. The documents […]

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What is “Arbitrability” and Who Decides?

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