RSS SUBSCRIBE

Why “Mandatory” Arbitration Clauses in NY Are Just That – Mandatory

I was recently contacted by a man who was dealt with unfairly by a much larger company he was trying to do business with. The bigger company, on a whim, decided that they didn’t want to do business with him anymore, so they came up with every reason they could muster – some legitimate, some [...]

Why It Is So Difficult to Invalidate a Mandatory Arbitration Clause in New York

Over the last few months, I’ve been asked why certain mandatory arbitration provisions in an employment agreement couldn’t be invalidated on the grounds that the employees were “forced” to sign it against their will on threat of losing their job.
The reason is fairly simple: the courts – beginning with the United States Supreme Court – [...]

How New York Courts Determine Whether an Arbitration Clause is Enforceable

When your contract has been breached, your first reaction might very well be to bring a lawsuit in State or Federal Court. But that course of action may not be available, particularly if your written contract contains a clause mandating that all disputes be resolved by arbitration.
So, you ask, under what circumstances are those clauses [...]

Posted Under: arbitration, breach of contract new york
This post was written by Jonathan Cooper on June 13, 2010 Comments (0)

In Breach of Employment Contract Case, NY Court Holds Arbitration Clause Unenforceable

It is no secret that mandatory arbitration clauses have essentially become standard fare in business contracts, particularly in the employment or consultant context. But, as a Federal appeals court recently held, “It is well-accepted that although the presumption in favor of arbitration is strong, “the obligation to arbitrate nevertheless remains a creature of [...]