I Want My Day in Court! Arbitrating Disputes under ERISA

Mandatory individual arbitration has become an increasingly appealing alternative for certain benefit plans. However, the benefits of arbitration can only be realized if the provision is enforceable.

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Related Content

• Arbitration of ERISA Retirement Plan Disputes
  Learn more about the general enforceability of arbitration clauses in certain disputes, including class actions, with a particular focus upon the enforceability of arbitration clauses involving legal claims made under ERISA. This practice note also specifically analyzes the advantages and disadvantages of arbitration provisions for retirement plan sponsors.

• Arbitration Clause (ERISA Retirement Plan)
  Resolve plan-related claims (after exhausting the internal claims review procedure, if applicable) using a mandatory arbitration process. 

Practical Guidance Updates

Featuring the latest updates from your Practical Guidance account.   

• Employee Benefits & Executive Compensation Key Legal Developments Tracker
  Stay informed on new developments.
  • ERISA Litigation. Supreme Court denies certiorari in a case challenging California's state-managed payroll-reduction IRA program, leaving in place the Ninth Circuit’s ruling that ERISA preemption does not apply, allowing program to continue. Howard Jarvis Taxpayers Assoc. v. Cal. Secure Choice Ret. Sav. Program, 2022 U.S. LEXIS 1243 (Feb. 28, 2022).
  • Health and Welfare Plans. Texas district court vacates certain independent dispute resolution rules under the No Surprises Act for adjudicating disputes between plans or issuers and non-network providers over reimbursement rates.  Med. Ass'n v. United States HHS, 2022 U.S. Dist. LEXIS 31807 (E.D. Tex. Feb. 23, 2022); see also DOL Memorandum.
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• Check out the new Practical Guidance Author Center! Learn about the 1500+ leading attorney authors contributing to our 20 practice areas, and find out how you can Become a Practical Guidance Author.
• The Practical Guidance Journal Spring 2022 Edition includes market trends on post-employment restrictive covenants.
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  • Retroactive Rescission of Coverage Notice (Health Plan)
  • Suspension of Benefits Notice for Multiemployer Plan in Critical and Declining Status

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