Alan Scott Rau recently posted his critique of the Supreme Court’s Hall Street Associates v. Mattel decision.  Perhaps, though, to call the article, entitled “Fear of Freedom,” a “critique” is to understate the fervency of Rau’s views.  It’s more like a well-organized, carefully-crafted rant.  Using words like “deeply unsatisfactory,” “appall[ing],” “hesitant and muddy,” and “grotesque,” … Continue reading The Hall Street Decision – Professor Rau’s Rant →

Penn Plaza filed its merits brief in the Pyett case on May 5, 2008. For the brief, see http://www.abanet.org/publiced/preview/briefs/unscheduled.html In the brief, Penn Plaza argues that the Federal Arbitration Act does not treat individual arbitration agreements differently than agreements negotiated collectively. As a result, statutory authority does not support the Second Circuit’s decision. According to … Continue reading Penn Plaza Argues for Enforcement of Arbitration Agreement in Merits Brief →

I’m wondering if anyone can point me to a specific example of duress being used successfully as the basis for avoiding an arbitration agreement. I’ve seen plenty of examples of cases in which it has been argued unsuccessfully. And I’ve seen examples of cases in which it was one of a laundry list of grievances, … Continue reading Duress as a basis for avoiding an arbitration agreement? →