“Infinite arbitration” pushes the scope of arbitration to a breaking point. These provisions attempt to bind consumers or employees to arbitrate any dispute, with a wide scope of entities, forever, often based on a fleeting transaction. The modern doctrine has been analyzed by David Horton, Infinite Arbitration Clauses , 168 U. Pa. L. Rev. 633 (2020). Horton documents a trend in which companies draft clauses that apply to all disputes including those unrelated to an initial

The severability principle is a fundamental legal doctrine established by the U.S. Supreme Court, dictating that an arbitration or delegation provision is viewed as a separate, "severable" agreement from the remainder of the contract. In the context of delegation disputes—where parties disagree over whether an arbitrator or a court should decide if a case is subject to arbitration—this principle determines who has the authority to rule on the contract’s validity. How the Prin

In the world of complex commercial litigation, a pivotal question often arises: "who decides whether a claim is arbitrable?" While parties can agree to delegate these "gateway" questions to an arbitrator, the standard for proving such an agreement is exceptionally high. Drawing from the recent Fifth Circuit decision in Aramark Services, Inc. v. Aetna Life Insurance Company , No. 24-40323 (5 th Cir. 2025), this post explores the heightened standard courts apply to determine i

Williams v Shapiro, No. 24-11192 (11 th Cir. Jan. 3, 2025) adds the Eleventh Circuit to a growing list of appellate courts rejecting ESOP-related arbitration provisions that attempt to confine claims to individualized relief. In 2019 A360 and its trustee sold all ESOP owned company stock to a new entity. At the same time, they amended the plan to add a mandatory arbitration clause which required individual arbitration only and prohibited class, group, or plan-wi