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Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
On April 15, 2009, the District Court for the Northern District of Texas denied Blockbuster's motion to compel and ruled that Blockbuster Online's Terms and Conditions were unenforceable because they gave Blockbuster too much discretion in modifying the terms of the agreement. Following the reasoning in a Fifth Circuit case, Morrison v.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used ...
The motion to dismiss was primarily based on the defendants’ claim that an identical case was pending with the American Arbitration Association. But, with the motion to compel arbitration being ...
Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), is a legal dispute that was decided by the United States Supreme Court. [1] [2] On April 27, 2011, the Court ruled, by a 5–4 margin, that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-wide arbitration, such as the law previously upheld by the California Supreme Court in the case of ...
The companies filed a motion to dismiss the charges as well as a motion to compel arbitration under sections 3 and 4 of the Federal Arbitration Act (FAA) [9 U. S. C. §§3]. On May 31, 2006, District Judge Naomi Reice Buchwald denied both motions. In denying the motion to compel arbitration, Judge Buchwald cited a phrase that would later be ...
The Court ruled that the state court erred in determining only that some, but not all, of the claims in the lawsuit were not subject to arbitration, because the Federal Arbitration Act does not permit courts to issue a blanket refusal to compel arbitration simply because some of the claims could be resolved by the court without arbitration.