On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was whether a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. The Court held that a district court must stay its proceedings pending such an appeal.Continue Reading Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel Arbitration

In response to a wave of Supreme Court decisions affirming the enforceability of class action waivers in arbitration agreements, plaintiffs’ firms began using the arbitration agreement’s language (and/or the arbitration provider’s rules) requiring that the entity pay virtually all the fees and costs associated with arbitration against the entities that drafted them through a process now referred to as “mass arbitration.”Continue Reading A Primer on Mass Arbitration