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You are here: Home / Arbitration / Court Decisions / Arbitration Process Issues / RECENT ARBITRABILITY DECISIONS: THE GOOD, THE BAD, AND THE VOID

RECENT ARBITRABILITY DECISIONS: THE GOOD, THE BAD, AND THE VOID

June 18, 2009 by Carlton Fields

There have been a number of decisions recently on the issue of arbitability:

  • Denial of motion to compel affirmed:  Arbitration provision void due to agreement’s non-compliance with California workers compensation insurance laws. Ceradyne, Inc. v. Argonaut Ins. Co., G039873 (Cal. Ct. App. June 2, 2009)
  • Motion to compel individual arbitration denied:  Class arbitration waiver void as unconscionable under Washington state law. Coneff v. AT&T Corp., No. C06-944 (W.D. Wa. May 22, 2009)
  • Denial of motion to compel affirmed:  Arbitration provision void under California arbitration statute for possibility of conflicting rulings. Schwartz v. Vista Pointe Salton Sea, LLC, D052988 (Cal. Ct. App. June 2, 2009)
  • Motion to compel granted, no procedural or substantive unconscionability:  Nayal v. Hip Network Services IPA, Inc., 08-10170 (S.D.N.Y. May 28, 2009)
  • Motion to vacate order compelling arbitration granted for defendant’s waiver:   Apple & Eve, LLC v. Yantai North Andre Juice Co., Ltd., 07-745 (E.D.N.Y. April 27, 2009)

This post written by John Pitblado.

Filed Under: Arbitration Process Issues

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