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Monday, October 31, 2016

Clear and Unmistakable. 

The Second Circuit has reiterated its holding that if a contract agreement provides for arbitration for discrimination claims does not include statutory claims unless the contract's language is clear and unmistakable that such statutory claims are included.  The contract at issue in Winston Lawrence v. Sol G Atlas Realty Co. did not meet this standard.  While the contract stated that discrimination was prohibited and that any violation of the anti-discrimination provision were subject to arbitration.  Because nothing was stated as to claims  under anti-discriminatory statutes, the Court held that the contract did not clearly and unmistakably require such statutory claims be resolved in arbitration.  Accordingly, the District Court's decision sending the case to arbitration and dismissing the action was vacated and the case was remanded for further proceedings.  The Court noted that its decision was in concert with decisions of other circuits that have addressed the issue.

The decision in this case can be found here.

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