Second Circuit bypasses the “construe ambiguities in favor of arbitration” rule in reversing order compelling arbitration
By EsqSocial Corporation 01/04/21
Takeaway: Parties seeking to compel arbitration often rely on the rule announced by the U.S. Supreme Court in Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24-25 (1983), providing that where an arbitration agreement contains broad language, any ambiguity about whether a claim must be arbitrated should be resolved in favor of arbitration. The panel majority in Cooper v. Ruane Cunniff & Goldfarb Inc., --- F.3d ---, No. 17-2805, 2021 WL 821390 (2d Cir. Mar. 4, 2021),...
By: Kilpatrick Townsend & Stockton LLP