Arbitrability Is for the Arbitrator to Decide
Client Alert | 1 min read | 04.02.13
In U.S. ex rel. Beauchamp v. Academi Training Center, Inc. (E.D. Va. Mar. 29, 2013), in which C&M represented the defendant, the court, after dismissing both FCA claims a week earlier, stayed the relators' retaliation claims, despite their allegations that the arbitration provision in their independent contractor agreements were unconscionable and that arbitrability was for the court to decide. The court held that the parties had delegated the question of arbitrability to the arbitrator with "clear and unmistakable intent" by incorporating the AAA Commercial Rules into the agreements, a delegation which relators failed to challenge, thus leaving it to the arbitrator to decide whether other terms of the agreements made the arbitration provision unconscionable and unenforceable.
Contacts
Insights
Client Alert | 6 min read | 02.24.26
Artificial Intelligence and Human Resources in the EU: a 2026 Legal Overview
The year 2026 marks a major regulatory turning point for European companies using or considering the use of artificial intelligence in their human resources (HR) processes. The Regulation (EU) 2024/1689 on artificial intelligence (the AI Act) is entering a critical implementation phase, while the European Commission's "Digital Omnibus" package will clarify several obligations and modify certain deadlines.
Client Alert | 3 min read | 02.24.26
DOJ v. OhioHealth Confirms Antitrust Enforcers’ Continued Focus on Health Care Markets
Client Alert | 4 min read | 02.24.26
Client Alert | 4 min read | 02.24.26
State-Level Merger Control Grows: California Joins “Mini-HSR” Trend with Senate Bill 25

