Retaining Control Over Arbitrator Pool Dooms Arbitration Agreement
by Michael Fox
Timely issue since I just spoke at the Texas Association of Business Employment Law conference this morning on drafting arbitration agreements. I could have thrown in today's decision in McMullen v. Meijer, Inc. ((6th Cir. 7/25/03) where the Circuit Court reversed the trial court's order compelling a termination dispute to arbitration. The employer's arbitration agreement let it pick a panel of five potential arbitrators (who had to meet certain restrictions) and then allowed the final choice by alternate striking. Too much control to ensure that the employee's rights would be sufficiently protected in the arbitration process.