ABA Publishes Robert Bartkus Article on Arbitration Standard
The American Bar Association has published a piece by Robert E. Bartkus analyzing a Third U.S. Circuit Court of Appeals ruling that clarifies the standard for finding an agreement to arbitrate.
The piece posted by the ABA Section of Litigation-Alternative Dispute Resolution on June 7, 2017 examined the recent ruling in Aliments Krispy Kernels, Inc. v. Nichols Farms. As Bob explains, the court confirmed the demise of a 1980 circuit precedent because it conflicted with a 1995 U.S. Supreme Court ruling that ordinary contract and agency principles must be applied when determining the existence of an arbitration contract.
In his analysis, Bob, of counsel at MARC, also noted that the Aliments decision leaves open questions about the interplay between the Federal Arbitration Act and the Uniform Commercial Code.