The employees argued that the arbitration agreement was unenforceable for lack of consideration of the AAA's employment arbitration rule that delegates the question of arbitration itself required specific consideration to become enforceable. buff.ly/2Fnimq4

The Eastern District of Missouri held that the same arbitrator should be reappointed and the resisting party compelled to arbitrate in a complex employment case. buff.ly/2IwebKD

Robert E. Bartkus recently summarized several arbitration holdings that relate to arbitration agreement drafting and execution on the ABA Section of Litigation’s ADR Committee Practice Points blog. Here are some of the most important things to note. buff.ly/2XzIIeL

In a case where the parties elected the specific arbitration rules but did not explicitly select an arbitration administrator, the trial court refused to order the parties to arbitrate with the specific administrator that had drafted the rules. buff.ly/32kgB6X

An arbitration agreement requires that an arbitrator issue a “reasoned award,” where it stated that it was based on the parties’ statements and accounting records, pointed to specific findings, and explained which evidence the arbitrator found relevant. buff.ly/2ZB7vAy

Robert E. Bartkus recently summarized several arbitration holdings that relate to arbitration agreement drafting and execution on the ABA Section of Litigation’s ADR Committee Practice Points blog. Here are some of the most important things to note. buff.ly/2XzIIeL

In a case where the parties elected the specific arbitration rules but did not explicitly select an arbitration administrator, the trial court refused to order the parties to arbitrate with the specific administrator that had drafted the rules. buff.ly/32kgB6X

The Eight Circuit Court of Appeals held that an employee who clicks a button to acknowledge that they have reviewed an employee policy document that includes an arbitration clause has not accepted an offer to arbitrate. buff.ly/318pL5j

Pennsylvania joined 20 other states and Washington, D.C. implementing the Revised Uniform Arbitration Act (RUAA). The RUAA includes many changes over the previous regime, including changes related to the initiation of arbitration, determining arbitrability buff.ly/2ZtqmOg

The California Supreme Court held that a party who makes a settlement offer that is rejected and later obtains a lesser result in arbitration can request and receive an award of attorney’s fees. buff.ly/2SQLxYj

Franchise arbitration agreement included in application form is enforceable once the application is actually reviewed by the franchisor. Read about the Second Circuit Court of Appeals decision here: buff.ly/2HvOU2e

Procedural simplicity and flexibility are hallmarks of arbitration compared to court litigation. Learn how to serve an arbitration clause: buff.ly/2ZuuzVm

The First Circuit Court of Appeals held that a general choice of law provision in an arbitration agreement invoking the law of a state does not also operate to insert that state’s arbitration law in place of the Federal Arbitration Act. buff.ly/2La3WMc

What is a Reasoned Award? After the arbitrator issued a $9.8 million dollar award, the other party moved to vacate the award. buff.ly/2LdQXZU

Arbitration News: Employer Can Arbitrate Under Agreement Signed by Employee and Staffing Firm. The ruling held that a non-signatory employer can compel arbitration under an arbitration agreement signed by the employee and the staffing firm. Read more: buff.ly/2PxBRnJ

The California Supreme Court has held an arbitration agreement presented in small print and complex legal language, and to an employee with limited English proficiency, "unconscionable and unenforceable." buff.ly/34zkaaz

In a recent decision, the NLRB panel held that employers can introduce arbitration agreements to employees even in reaction to the fact that employees are in the process of opting into a current FLSA or state wage law collective action lawsuit. buff.ly/2ZQ82Cp

An antitrust claim related to product pricing falls within the very broad scope of an arbitration agreement for disputes “arising out of or relating to” the contract containing product pricing provisions, according to the Third Circuit Court of Appeals. buff.ly/2OhNigR

A state law that requires an arbitration clause to include a “specific authorization” from a person before the arbitration clause can be enforced against that person is preempted by the Federal Arbitration Act. buff.ly/330hUrd

A party who wrongfully refuses to pay mediation fees related to pending litigation may be subject to paying interest on the unpaid amounts as well as the mediation provider’s attorney’s fees related to the effort to collect the unpaid mediation fees. buff.ly/31KtE0P