Shivkov v. Artex Risk Solutions, Inc.
| Docket Number | 19-16746 |
| Decision Date | 09 September 2020 |
The Ninth Circuit affirmed the district court's order compelling individual arbitration and dismissing a putative class action alleging violations of the Racketeer Influenced and Corrupt Organizations Act and Arizona law. Pursuant to agreements entered into by the parties, Artex and Tribeca formed and managed captive insurance companies that plaintiffs owned, and to which plaintiffs paid insurance premiums. Plaintiffs claimed the payments as tax-deductible business expenses without...
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51 cases
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S.S. by and through Stern v. Peloton Interactive, Inc.
...inapplicable here, the FAA "governs arbitration agreements in contracts involving interstate commerce." Shivkov v. Artex Risk Sols., Inc. , 974 F.3d 1051, 1058-60 (9th Cir. 2020) (applying Arizona contract law) ; see also N.Y. Stock Exch. Arbitration v. Shearson Lehman Hutton Inc. , 948 F.2......
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Camarillo v. Balboa Thrift & Loan Ass'n, Corp.
...inapplicable here, the FAA "governs arbitration agreements in contracts involving interstate commerce." Shivkov v. Artex Risk Sols., Inc., 974 F.3d 1051, 1058-60 (9th Cir. 2020) (applying Arizona contract law). Section 1 of the FAA defines "commerce" as "commerce among the several States." ......
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Setty v. Shrinivas Sugandhalaya LLP
...claims, which included federal Racketeer Influenced and Corrupt Organizations Act ("RICO") claims); Shivkov v. Artex Risk Sols., Inc. , 974 F.3d 1051, 1058, 1070 (9th Cir. 2020) (same).For the proposition that federal substantive law applies to all questions arising from international arbit......
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McKenzie v. Brannan
...parties, some courts have declined to delegate arbitrability when the agreement was insufficiently clear. In Shivkov v. Artex Risk Solutions, Inc. , 974 F.3d 1051 (9th Cir. 2020), the Ninth Circuit affirmed a district court's refusal to compel arbitration. The arbitration clause in Shivkov ......
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2 firm's commentaries
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Arbitrating Arbitrability: Three Recent Appellate Decisions On Delegation Clauses In Arbitration Agreements
...court decisions, share best practices, and help draft and present arbitration provisions based on the needs of your business. Footnotes 1 974 F.3d 1051 (9th Cir. 2020). In 2014, the Ninth Circuit issued an unpublished and nonprecedential opinion that was consistent with the ruling in Shivko......
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Arbitrating Arbitrability: Three Recent Appellate Decisions On Delegation Clauses In Arbitration Agreements
...within them) being interpreted by a court rather than the intended arbitrator, and even ultimately being found unenforceable. [1] 974 F.3d 1051 (9th Cir. 2020). In 2014, the Ninth Circuit issued an unpublished and nonprecedential opinion that was consistent with the ruling in Shivkov. The S......
2 books & journal articles
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Recent Developments in Alternative Dispute Resolution
...‘the structural features of class arbitration make it a “fundamental” change from the norm of bilateral arbitration’” and that 6. 974 F.3d 1051 (9th Cir. 2020) 7. 974 F.3d at 1056-57. 8. Id. at 1057. 9. Id. (“See Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407, 1417 n.4 (2019) (not deciding the......
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Annual Update of Alternative Dispute Resolution Cases and Legislation
...Reynolds, Inc., 579 U.S. 79, 83 (2002); Baker v. Osborne Dev. Corp., 159 Cal. App. 4th 884, 893 (2008); Shivkov v. Artex Risk Sols., Inc. 974 F.3d 1051, 1068-69 (2020).13. Hartley v. Super. Ct., 196 Cal. App. 4th 1249, 1257 (2011).14. See Postmates, Inc. v. 10,356 Individuals, No. CV 20-278......