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 Anselmi & Carvelli, LLP, also noted that the Aliments decision leaves open questions about the interplay between the Federal Arbitration Act and the Uniform Commercial Code.

Read Bob’s commentary and the circuit decision.