Alternative Dispute Resolution Developments
Sidley Austin LLP
This article examines Kahn Lucas Lancaster, Inc. v. Lark International, Ltd. and KKW Enterprises, Inc. v. Gloria Jean's Gourmet Coffees.
Pre-Dispute Arbitration Agreements and Their Application to Statutory Discrimination Claims
Christopher A. Barreca of Paul, Hastings, Janofsky & Walker LLP
Pre-dispute arbitration agreements are those agreements between an employer and an employee that require an em.
Employer-Mandated ADR Programs Come Under Attack
Cooley Godward Kronish LLP
This article concerns recent court decisions that effect an employers need to carefully reassess their programs requiring mandatory arbitration of employment claims.
Be Cautious About Arbitration Clauses
Beirne, Maynard & Parsons, L.L.P.
A Carrollton-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor.
While the project sounds lucrative, the prospect of labor strikes, corruption, red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns.
The "Separability Doctrine:" The Continuing Impact of Prima Paint in Georgia, Alabama, and the Eleventh Circuit
Ashby L. Kent of Burr & Forman LLP
The Alabama state law policies favoring judicial determination of "arbitrability" clearly conflict with the Eleventh Circuit's policy preferences favoring arbitration and its emphasis on the parties' presumptive assent. This conflict may be of particular interest in the construction context, in light of the numerous lawsuits brought under Alabama's harsh qualification statutes.
CA Decisions Clarify Enforceability of Arbitration Agreements
Thomas H. Reilly and Christopher S. Andre of Arter & Hadden LLP
This article reviews Armendariz v. Foundation Health Psychcare Services whereby the California Supreme Court analyzed the enforceability of arbitration agreements and added a new criterion for determining whether arbitration agreements required as a condition of employment are enforceable.
Arizona Supreme Court Refuses to Enforce Arbitration Agreement Based on the Arizona Uniform Arbitration Act
Neil M. Alexander and J. Greg Coulter of Littler Mendelson, P.C.
In a surprise ruling, the Arizona Supreme Court has declined to enforce arbitration agreements made between an employer and its employees. The initial reading of the Court's ruling in North Valley Emergency Specialists v. Superior Court appears to be a significant blow to employers' ability to enforce arbitration agreements to resolve employment disputes. A detailed reading of the Court's decision, however, establishes that the ruling only addresses the application of the Arizona Uniform Arbitration Act ("AUAA") to arbitration agreements between employers and employees. The Court did not address the enforceability of those arbitration agreements based on Federal statute and common law. Consequently, the Court's narrow holding leaves employers with the ability to continue to enforcement arbitration agreements in Arizona.