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Stormy Daniels Case Raises Interesting Issues Concerning Arbitration Law
The case of Stormy Daniels and President Trump is certainly capturing the public's attention. While most of the headlines focus on the allegations regarding their relationship, the case raises a number of interesting issues concerning arbitration law.
In their article, Daryn Rush, Chair of the Reinsurance Group, and Timothy Russell, Principal of RussellADR, explore a number of issues, including whether the court or an arbitrator should resolve issues concerning the formation, validity and enforceability of the parties’ 2016 “settlement agreement;” the enforceability of an agreement to arbitrate by a person who did not sign the agreement and claims not to have known of its existence; the enforceability of the arbitration clause by an entity to which the clause apparently was not intended to apply; and the availability of ex parte relief from an arbitrator.