Articles Posted in US Court of Appeals for the Eleventh Circuit

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The Eleventh Circuit held, in this international arbitration dispute, that questions of arbitral venue, even those arising in international arbitration, are presumptively for the arbitrator to decide. Because the arbitrator in this case arguably interpreted the arbitral-venue provision at issue, the court deferred to that interpretation. Accordingly, the court affirmed the district court's confirmation of the arbitral award finding venue proper in Atlanta and Profimex liable on OAD's defamation counterclaim. View "Bamberger Rosenheim, Ltd. v. OA Development, Inc." on Justia Law

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Specific procedures provided in Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq., demanding a jury trial on arbitrability issues displace the general procedures for demanding a jury trial under the Federal Rules of Civil Procedure. Plaintiff filed suit against his former employer, alleging discrimination in violation of several federal statutes. The Eleventh Circuit held that the district court did not err in holding a bench trial on the signature issue in spite of plaintiff's general demand for a jury trial in his complaint. Furthermore, the employer's participation in litigation on the merits of plaintiff's claims after the district court's initial denial of his motion to compel arbitration was not inconsistent with its right to arbitration. Accordingly, the court affirmed the district court's order granting the employer's motion to compel arbitration and dismissing plaintiff's claims without prejudice. View "Burch v. P.J. Cheese, Inc." on Justia Law