U.S. Supreme Court Says Arbitration Governed by Contracts, Not Courts
May 20, 2019In a recent decision that reinforces the Supreme Court’s penchant for favoring arbitration, the nation’s highest court ruled that the courts must enforce arbitration agreements as written, including with regard to the arbitrbility of the dispute. The case — Henry Schein Inc. v. Archer and White Sales Inc.…
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Should Arizona Companies Require Employees to Sign Arbitration Agreements?
May 16, 2019The use of arbitration for employment disputes has been debated in some of the highest courts in the land recently, with two decisions handed down by the U.S. Supreme Court within the last year that held employment contracts could prohibit employees from collective arbitration (Epic Systems Corp. v. Lewis) and that…
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U.S. Supreme Court Rules Certain Classes of Transportation Workers Exempt from Arbitration
April 24, 2019The U.S. Supreme Court’s recent unanimous decision in New Prime Inc. v. Oliveira compels courts — not arbitrators — to ensure that an arbitration agreement falls under the authority of the Federal Arbitration Act (FAA) before arbitration can begin, even with the presence of clear delegation cla…
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