The National Arbitration Forum Blog

• Second Circuit Finds Federal Jurisdiction to Uphold Consumer's Right to Arbitration, Prohibits State Court from Enjoining Arbitral Proceedings
• Arbitration Agreement in CBA Expressly Encompassing Statutory Employment Discrimination Claims Binds Individuals to Arbitrate
• "Excessive" Arbitration Costs Known at Time of Contracting Cannot Support Later Finding of Substantive Unconscionability

• Arizona Court of Appeals Requires Costs and Fees Assessment to Discourage "Marginal" De Novo Arbitral Appeals
• California Appellate Court Determines Overlapping Issues in Lawsuit Mandate Stay Pending Arbitration
• Plain Language in Third-Party Beneficiary Cause Precludes Arbitration of Third-Party Claims
• Nebraska Supreme Court Adopts Public Policy Exception Allowing Vacatur of Arbitration Awards
• Party Does Not Waive Right to Arbitrate by Merely Filing Complaint in Court
  Ohio Appellate Court Finds No Evidence of Arbitrator Bias
• Tennessee Appellate Court Finds Nursing Home Arbitration Agreement Not Contract of Adhesion
• Texas Court of Appeals Holds Reference to Specific State Arbitration Law Excludes Application of Federal Arbitration Act
• Arbitration Agreement in Employee Benefits Plan Lacks Consideration Where Employee Is Not Eligible to Receive Benefits.

To read the case summaries follow this link to the May 1, 2009 edition of the National Arbitration Forum ADR Law & Policy Update.