After coming onto the scene and significantly disrupting the transportation sector around a decade ago, Uber became the center of several controversies.1 One of the central issues was their treatment of their drivers and alleged wage and hour violations.2 Uber presumably thought they had a silver bullet in the form of mandatory arbitration provisions that…
Tag: Arbitration
Binding but Not Final: Appealing Arbitration Awards
Arbitration agreements are quickly becoming a staple of commercial contracts as contracting parties hope to avoid litigation in the event of a dispute. Broadly, these agreements can be divided into two categories: (1) arbitration agreements between consumers and corporate sellers of goods or services; and (2) arbitration agreements between sophisticated corporate actors. This discussion will…
Curbing Arbitration
On Thursday, February 4, 2016 two Senate Democrats introduced a bill seeking to limit the use of arbitration, an alternative legal dispute resolution process to litigation in a court. Arbitration is the submission of a dispute to one or more impartial arbitrators, who typically, absent a clear case of fraud, generate a final and binding…
“Deflategate”: The End of NFL Arbitration?
In January, the New England Patriots’ (the “Patriots”) easy victory over the Indianapolis Colts in the AFC Championship was muddled by reports that eleven of the twelve footballs used by the Patriots were underinflated.1 This controversy quickly gained fame as “Deflategate” and the NFL, following an investigation; (1) suspended quarterback Tom Brady for four games;…