arbitrability | Nicolai Law Group

Paul Peter Nicolai

Who Decides Arbitrability When Contracts Conflict

The Supreme Court has ruled that when there are two conflicting agreements, a court must decide which contract governs arbitrability

Paul Peter Nicolai

Mandatory Arbitration Nixed For Cases Involving Sexual Assault or Sexual Harassment

In March 2022, Congress passed a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or...

Paul Peter Nicolai

Accessing Website May Be Agreement to Arbitrate

According to one federal appellate court, just visiting a website may be consent to a binding arbitration agreement. A retailer contended...

Paul Peter Nicolai

Forced Arbitration of Workplace Sexual Harassment and Assault Claims Now Illegal

Congress passed, and the President has signed into law a transformative bill that allows employees to avoid enforcement of pre-dispute...

Paul Peter Nicolai

ARBITRATION EXEMPTION

An employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...

Paul Peter Nicolai

MUDDY CONTRACT MEANS YEARS IN COURT

Two parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...

Paul Peter Nicolai

Decision on Arbitration goes to Arbitration

A former employee sued alleging race discrimination by his former employer The employer said the arbitration clause contained in the...