Outsourcing Justice
This is a blog about recent arbitration law developments by Prof. Imre Szalai

Supreme Court: Parties Can Agree To Pre-Revolutionary Russian Law, or Tibetan Law in Their Arbitration Agreements, But Not California Law (DirecTV v. Imburgia)

Today, the Supreme Court issued its decision in DirecTV v. Imburgia (click here for a copy of the decision).  It is no surprise: the majority disdains arbitration decisions from California and views them as inherently questionable.  Six Justices voted to…

Cert Grant and Third Circuit Says Don’t Trust Arbitrator Disclosures!             

Two bits of news today: First, the Supreme Court earlier today granted cert in connection with a 9th Circuit employment case dealing with Concepcion’s broad (and vague) preemption doctrine.  Specifically, the case involves whether the FAA preempts a state rule…

Ninth Circuit Gives Huge Victory to California Employees: FAA Does Not Preempt Iskanian Ruling

In a landmark 2-to-1 decision, the Ninth Circuit held that the Federal Arbitration Act does not preempt the California Supreme Court’s ruling in Iskanian, which held that waivers of the right to bring a representative action under California’s Private Attorneys…

Victory for Employees: Federal Court Finds Arbitration Agreement is Unconscionable for Not Allowing Collective or Class Proceedings

In connection with a Fair Labor Standards Act (FLSA) collective action filed by an exotic dancer for unpaid wages, a federal district court recently found that an arbitration agreement between the dancer and defendant nightclub was unconscionable.  Herzfeld v. 1416…