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6th Circ. Says Arbitrator Must Pick SmileDirectClub Suit Venue
Law360 (June 28, 2021, 9:27 PM EDT) The Sixth Circuit has ruled that an arbitrator must decide whether false advertising claims asserted against SmileDirectClub belong in litigation or arbitration, concluding that an American Arbitration Association administrator wrongly short-circuited the claim by refusing to appoint an arbitrator.
The circuit court said in its decision on Friday that the administrator lacked the power to decide whether AAA policy mandating that the parties sign a post-dispute arbitration agreement in certain health care claims meant that the dispute had to be sent back to court.
The proposed class action was brought by a consumer, Dana Johnson, who accused the teledentistry company of.
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London may recently have lost ground to Singapore, but practitioners insist it still plays a pivotal role in the world of arbitration.
‘London continues to be a tremendous success story,’ says Herbert Smith Freehills partner Craig Tevendale. ‘It remains one of the most frequently chosen seats of arbitration and, in the global context, is probably still the most popular arbitral seat of all. London is the most frequently selected seat for both LCIA and ICC institutional arbitration and is also a thriving ad hoc seat - with upwards of 1,700 new ad hoc cases commenced under London Maritime Arbitrators Association Terms alone in 2020.