What is “Arbitrability” and Who Decides?

The Court holds that statutory claims, such as those arising out of the Fair Labor Standards Act, are not barred from going to court by prior submission to contractual dispute resolution procedures like arbitration.

February 7, 2019

By NIWR

Barrentine v. Arkansas-Best Freight System, 450 U.S. 728 (1981) Relevant Facts: A group of unionized truck drivers sued a trucking company for wage theft under the Fair Labor Standards […]

Finding that employees’ statutory civil rights exist independently of their contractual rights, the Court holds that employees are entitled to judicial review of Title VII claims, and actions to enforce those rights are not limited to decisions rendered by arbitrators.

February 7, 2019

By NIWR

Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) Relevant Facts: An employee covered by a collective bargaining agreement alleged that he was fired because of racial discrimination. After filing […]

The Court holds that the right to a particular court’s jurisdiction and other procedural protections are waivable via a valid forum-selection clause.

February 7, 2019

By NIWR

The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972) Relevant Facts: A contract between two companies contained a forum-selection clause requiring any litigation to proceed in London. Later, […]

In promulgating a new “severability doctrine”, the Court changes the standard for assessing the enforceability of an arbitration clause.

February 7, 2019

By NIWR

Prima Paint Corp. v. Flood Conklin Mfg. Co., 388 U.S. 395 (1967) Relevant Facts: Two companies entered into a contract. One sued the other for breach of contract and […]

The Court holds that some claims may be non-arbitrable due to their complexity, the need for in-depth factfinding, or as a matter of public policy.

February 7, 2019

By NIWR

Wilko v. Swan, 346 U.S. 427 (1953) Relevant Facts: Customers of a securities brokerage firm sued under the Securities Act of 1933, a law designed to protect the […]

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What is “Arbitrability” and Who Decides?

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