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Archive by tag: Mintz - ArbitrationReturn

Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “Look-Through” Analysis

As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not itself provide an independent basis for subject matter jurisdiction over federal court proceedings concerning domestic arbitrations. (In contrast,...By: Mintz - Arbitration, Mediation, ADR
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The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation generally requires three...By: Mintz - Arbitration, Mediation, ADR
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