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Arbitrability

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Piersing v. Domino’s Pizza, No. 19-2388 (6th Cir. June 17, 2020) [click for opinion] Plaintiff, Derek Piersing (“Piersing”) was an employee in the state of Washington for Defendant, Domino’s Pizza (“Domino’s”). Piersing accepted employment at a second Domino’s location and signed an arbitration agreement that specified that “all issues related to employment would be arbitrated and conducted according to the American Arbitration Association National Rules for the Resolution of Employment Disputes” (the “AAA Rules”). Piersing…

In a recent decision (Jock v. Sterling Jewelers Inc., No. 18-153-cv (2d Cir. Nov. 18, 2019)), the United States Court of Appeals for the Second Circuit held that an arbitrator’s determination of class arbitrability binds even non-party class members who did not affirmatively opt in to the arbitration proceeding. In 2008, the lead plaintiff filed the underlying lawsuit, alleging that Sterling Jewelers Inc. (“Sterling”) paid her and other female employees less than their male counterparts…

The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the Achmea decision, the European Court of Justice (“ECJ”) ruled that EU law precluded resolution of intra-EU disputes through investment arbitration (see https://www.globalarbitrationnews.com/ecj-stops-investment-arbitration-intra-eu/ and https://www.globalarbitrationnews.com/aftermath-achmea-germany-requests-dismissal-vattenfall-case-cjeus-achmea-decision/). The question of whether this decision could interfere with ISDS under the Energy Charter Treaty (“ECT”) as well, was first and in the negative answered by the Tribunal in the ICSID case Vattenfall…

Novic v. Credit One Bank, N.A., No. 17-2168 (4th Cir. Jan 4, 2019) [click for opinion] Charleene Novic had entered into a credit agreement to obtain a credit card with Credit One Bank, N.A. (“Credit One”). The Cardholder Agreement contained an arbitration provision with a clause delegating authority to the arbitrator: “Claims subject to arbitration include . . . disputes related to . . . the application, enforceability or interpretation of this Agreement, including this…