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Parties to an arbitration agreement sometimes choose to include a delegation clause, which is a provision that delegates to the arbitrator—rather than a court—gateway questions...
A summary of competitions and global trade including stories from the United States, Mexico, The Netherlands, Poland, Italy, the European Union, and Japan, focused on antitrust and other trade regulation lawsuits and legislation
Who decides whether parties to an arbitration agreement have to arbitrate their dispute? If there’s a delegation clause, it’ll be the arbitrator—unless a party specifically challenges the delegation clause. The Sixth Circuit issued a 2-1 decision.
On September 17, 2021 in a 2-1 decision, the Ninth Circuit held that unless the delegation clause itself is invalid, the arbitrator must decide the prospective waiver issue, even if a choice-of-law clause in the arbitration agreement may cause a party to waive federal rights.
Monday, February 22, 2021 Last week, another federal court compelled arbitration in a TCPA case finding that pursuant to the arbitration agreement’s delegation clause, any claims that the arbitration agreement is unconscionable must be resolved by the arbitrator. See Zeevi v. Citibank, N.A., Case No. 19-cv-02206-GMN-BNW (D. Nev. Feb. 16, 2021). In 2019, plaintiff opened a bank account with defendant, and in doing so, plaintiff alleges that he restricted any potential text notifications to those greater than $100. However, plaintiff alleges that defendant texted him about tr...