In a recent decision, the Sixth Circuit Court of Appeals has affirmed that a party who has, without reservation, affirmatively invoked an arbitration provision has waived the right to argue that the provision is unenforceable under the Federal Arbitration Act. The case, PolyOne Corp. v. Westlake Vinyls, Inc., No. 19-5137 (6th Cir. Sep. 6, 2019), dealt with a "unique" agreement partially resolving claims relating to the remediation of an industrial site, known as the B.F. Goodrich Superfund Site, in Calvert City, Kentucky. Read More »

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On Monday, July 29, 2019, the New Jersey Supreme Court held that an arbitrator’s decision dismissing a property owner’s claim for coverage under the Spill Compensation Fund was arbitrary and capricious because the decision was procedurally and substantively flawed. US Masters Residential Property (USA) Fund v. N.J. Dept. of Envt’l Prot., __ A.3d __, 2019 WL 3402917 (N.J. 2019) (slip opn.). The Court’s 4-3 opinion suggests that despite the deference afforded arbitrators in these cases, they remain subject to a searching judicial review. Read More »

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