Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
On Hostile Ground: Ohio's Notice To Insolvent Insurance Companies With Arbitration Agreements - Bejamin V. Pipoly, Frank C. Koranda Jr.
On Hostile Ground: Ohio's Notice To Insolvent Insurance Companies With Arbitration Agreements - Bejamin V. Pipoly, Frank C. Koranda Jr.
Journal of Dispute Resolution
In Benjamin v. Popoly, the Court of Appeals of Ohio reviewed whether the liquidator of an insolvent insurance company have the power to avoid the enforcement of arbitration agreements. The court held that the broad statutory power conferred to a liquidator permitted them to affirm or disavow any contracts made by the insolvent insurance companies, including any contractual provisions for the arbitration of disputes. The court also expressly overruled prior Ohio case law regarding the status of arbitration agreements in insurance insolvency.
Going Dutch: Should Employees Have To Split The Costs Of Arbitration In Disputes Arising From Mandatory Employment Arbitration Agreements - Morrison V. Circuit City Stores, Inc., John F. Crawford
Journal of Dispute Resolution
Employers often require their employees to sign arbitration agreements as a condition of employment, obligating employees to submit their disputes with employers to binding arbitration. These agreements may include terms, such as cost splitting provisions, that may be advantageous to the employer, but extremely limiting to an employee seeking to enforce her statutory rights. The United States Supreme Court has yet to set out a clear position about whether an employee, by signed agreement, can be required to pay all or part of the arbitration fees and costs when the employee submits a statutory claim to arbitration. Federal district courts …