Sixth Circuit’s Plain-Meaning Approach to Foreign Arbitration Discovery
Parties may now seek discovery from district courts within the Sixth Circuit for use in foreign private arbitrations. In Abdul Latif Jameel Transportation Company v. FedEx, a unanimous panel held that...
View ArticleAssessing the amount in controversy when seeking to vacate an arbitral award
Yesterday’s published decision in Hale v. Morgan Stanley Smith Barney LLC established the law of the circuit on a nifty issue of subject matter jurisdiction in the context of arbitration. Where a...
View ArticleCourts, Rather than Arbitrators, Presumably To Decide Whether Arbitration...
The Sixth Circuit earlier this week decided an issue recently left open by the United States Supreme Court as to whether the Court or an arbitrator is to decide whether classwide arbitration is...
View ArticleAgreement to Arbitrate Does Not Apply Retroactively to Bar Pending Case
Against a recent spate of proarbitration decisions reported on here, here and here, the Sixth Circuit has now bucked that trend, refusing to apply retroactively an agreement to arbitrate to bar...
View ArticleCheck Your Arbitration Clause: Sixth Circuit Draws Distinction Between...
Siding with the Fifth, Ninth and Second (unpublished) Circuits in a longstanding circuit split, the Sixth Circuit in United States ex rel. Paige v. BAE Sys. Tech. recently distinguished between...
View ArticleSixth Circuit Again Weighs in on Arbitration Clauses
The Sixth Circuit has been busy with arbitration cases in the past year, as we have covered here and here, largely trending in favor of arbitration. Last week, the Circuit issued an opinion in another...
View ArticleSixth Circuit Grapples with Results of Chrysler’s Post-Bankruptcy Dealership...
On January 16, the Sixth Circuit issued a decision in an appeal by Chrysler dealerships that were closed in the process of Chrysler’s bankruptcy in 2009 but that met with success in federally-mandated...
View ArticleSplit Sixth Circuit Compels Arbitration in Employee Benefit Class Action Suit
Last week, the Sixth Circuit handed down its decision in Supplemental Benefit Committee v. Navistar International Corp., an appeal by a corporation seeking to compel arbitration in an ongoing dispute...
View ArticleTire Company Can’t Compel Arbitration in China Under Expired Contract
Yesterday, in Linglong Americas, Inc. v. Horizon Tire, Inc., a unanimous panel of the Sixth Circuit rejected a tire manufacturer’s attempt to compel arbitration of claims in China under a contract that...
View ArticleSixth Circuit emphasizes the importance of challenging an arbitration...
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...
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