Justia Arbitration & Mediation Opinion Summaries

After relator alleged that her former employer violated the federal False Claims Act (FCA), 31 U.S.C. 3730(a), (b), and Nevada FCA, the United States and Nevada declined to intervene. The employer then moved to compel arbitration under the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq. The Ninth Circuit affirmed the district court's denial of the motion to compel arbitration on an alternate ground, holding that the plain text of relator's arbitration agreement did not encompass the FCA case. View "US/Nevada ex rel. Welch v. My Left Foot Children's Therapy, LLC" on Justia Law

The incorporation of the rules of the International Chamber of Commerce (ICC) into an arbitration agreement constitutes clear and unmistakable evidence of a delegation of gateway issues to the arbitrator. The Ninth Circuit vacated the district court's judgment entering a preliminary injunction prohibiting sureties from pursuing claims against PGE in arbitration and denying a mandatory stay of the judicial proceedings under section 3 of the Federal Arbitration Act (FAA), 9 U.S.C. 3. The panel held that the district court erred in enjoining the sureties from participating in the ICC arbitration and denying at least a temporary stay of the litigation under the FAA, preventing the arbitral tribunal from addressing the scope of the arbitration. View "Portland General Electric Co. v. Liberty Mutual Insurance Co." on Justia Law