AAA Yearbook on Arbitration & the Law - 25th Edition - Chapter 1 - The Arbitration Agreement

Author(s):

Stephen K. Huber

Ben H. Sheppard Jr.

Page Count:

74 pages

Published:

April, 2010

Practice Areas:

Agreement to Arbitrate,

Court Decisions,

AAA

Author Detail:

STEPHEN K. HUBER is Professor Emeritus at the University of Houston Law Center, and has served as a visiting professor at the University of Texas, Rice University (Political Science), Pepperdine Law School (Dispute Resolution Program), and the University of East Africa (Dar es Salaam, Tanzania). Mr. Huber is a member of the State Bar of Texas, and the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolution Section. He is the author of numerous publications relating to arbitration.

BEN H. SHEPPARD, JR. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a Partner and Co-Chair of the firm's international dispute resolution practice. He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules that established a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He is a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News. He is a member of the American Law Institute and a Fellow of the College of Commercial Arbitrators.

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Originally from: AAA Yearbook on Arbitration and the Law - 25th Edition

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1.01 Contract Formation

Hergenreder v. Bickford Senior Living Group, LLC ,656 F.3d 411 (6th Cir. 2011)

Arbitration agreement was not valid and enforceable where employee was not informed of the existence of, or provided a copy of an arbitration agreement that was mentioned, but not contained, in the employee handbook.

Table of Contents:

1.01 Contract Formation Hergenreder v. Bickford Senior Living Group, LLC, 656 F.3d 411 (6th Cir. 2011) Canales v. Univ. of Phoenix, Inc., 854 F.Supp.2d 119 (D. Maine 2012) In re Zappos.com, Inc., Customer Data Sec. Breach Litig., 893 F.Supp.2d 1058 (D. Nev. 2012) Bancorpsouth Bank v. Shields, 385 S.W.3d 805 (Ark. 2011) Hodges v. Reasonover, 103 So.3d 1069 (La. 2012) Nazareth Hall Nursing Ctr. v. Melendez, 372 S.W.3d 301 (Tex. App.--El Paso 2012, no pet.) Burch v. Premier Homes, LLC, 199 Cal. Rptr. 3d 4th 730 (Cal. App. 2 Dist. 2011) 1.02 State Contract Law Defenses Applied Energetic, Inc. v. NewOak Capital Markets, LLC, 645 F.3d 522 (2nd Cir. 2011) Wake County Board of Education v. Dow Roofing Systems, LLC, 792 F.Supp.2d 897 (E.D.N.C. 2011) 1.03 Public Policy Defenses: Unconscionability Harrington v. Atlantic Sounding Co., 602 F.3d 113 (2d Cir. 2010) Nino v. Jewelry Exchange, Inc., 609 F.3d 191 (3d Cir. 2010) Hafer v. Vanderbilt Mortg. and Finance, Inc., 793 F.Supp.2d 987 (S.D. Tex. 2011) Palmer v. Infosys Technologies Limited Incorporated, 832 F. Supp. 2d 1341 (M.D. Ala. 2011) Hendricks v. AT&T Mobility, LLC, 823 F. Supp. 2d 1015 (N.D. Cal. 2011) Fl-Carrollwood Care, LLC v. Gordon, 72 So.3d 162 (Fla. 2d DCA 2011) 1.04 Defective (Unenforceable) Arbitration Agreements In re Elec. Mach. Enter., 479 F.3d 791 (11th Cir. 2007) Hill v. Hornbeck Offshore Services, Inc., 799 F.Supp.2d 658 (E.D. La. 2011) Am. Gen. Home Equity, Inc. v. Kestel, 235 S.W.3d 543 (Ky. 2008) 1.05 Waiver of the Right to Arbitrate Johnson Associates Corp. v. HL Operating Corp., 680 F.3d 713 (6th Cir. 2012) Gray Holdco, Inc. v. Cassady, 654 F.3d 444 (3d Cir. 2011) Erdman Co. v. Phoenix Land & Acquisition, LLC, 650 F.3d 1115 (8th Cir. 2011) Kawasaki Heavy Indus., Ltd. v. Bombardier Recreational Prod., Inc., 660 F.3d 988 (7th Cir. 2011) Hill v. Ricoh Am., 603 F.3d 766 (10th Cir. 2010) Citibank, N.A. v. Stok & Associates, P.A., 387 Fed. Appx. 921(11th Cir. 2010), cert. dismissed 131 S.Ct. 2955 Petroleum Pipe Am. Corp. v. Jindal Saw, Ltd., 575 F.3d 476 (5th Cir. 2009) McNamara v. Yellow Transp., Inc., 570 F.3d 950 (8th Cir. 2009) Anwar v. Fairfield Greenwich Ltd., 863 F. Supp. 2d 346 (S.D.N.Y. 2012) Liberty Mutual Ins. Co. v. Excel Imaging P.C., 879 F. Supp. 2d 243 (E.D.N.Y. 2012) Riverside Publ’g Co. v. Mercer Publ’g LLC, 829 F. Supp. 2d 1017 (W.D. Wash. 2011) Brooks v. Prestige Financial Services, Inc., 827 F. Supp. 2d 509, (D. Md. 2011) Lemon Drop Properties, LLC v. Pass Marinne, LLC, 73 So. 3d 1131 (Miss. 2011) Lewis v. Fletcher Jones Motor Cars, Inc., 140 Cal. Rptr. 3d 206 (Cal. Ct. App. 2012) Roberts v. El Cajon Motors, Inc., 200 Cal. App. 4th 832 (Cal. App. 4 Dist. 2011) Burton v. Cruise, 118 Cal. Rptr. 3d 613 (Cal. App. 4th 2010) Price v. Fax Recovery Sys., Inc., 49 So. 3d 835 (FL Ct. App. 2010)