The U.S. Chamber filed an amicus brief urging the Ninth Circuit to overturn a district court’s denial of a motion to compel arbitration, a decision that exemplifies continuing hostility toward arbitration.
The Chamber’s brief argues that the court applied principles disfavoring arbitration and that the Federal Arbitration Act (“FAA”) forbids all forms of judicial hostility toward arbitration. The brief further argues that the district court failed to treat the arbitration agreement as it would any other agreement by refusing to sever fee-splitting provisions and by applying a uniquely demanding standard for procedural unconscionability. The brief also explains that the district court’s approach frustrates companies’ efforts to craft enforceable arbitration agreements, a problem that is vastly compounded for entities doing business under multiple bodies and interpretations of arbitration laws.
Andrew J. Pincus, Evan M. Tager, and Archis A. Parasharami of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.