New Prime v Oliveira : Statute Derails Arbitration of US Transportation Workers Claims - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View New Prime v Oliveira : Statute Derails Arbitration of US Transportation Workers Claims by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management New Prime v Oliveira : Statute Derails Arbitration of US Transportation Workers Claims 85 3

An interstate trucker filed a putative class action alleging underpayment by the trucking company that hired him to perform long-haul services as an independent contractor. The parties’ agreement provided for arbitration of all disputes, and delegated issues of arbitrability to the arbitrator. Relying on these broad provisions, the trucking company sought to compel arbitration of the lawsuit. The US Supreme Court refused to compel arbitration of matter, and issued two important rulings under the FAA. First, withstanding the delegation language of the parties’ arbitration provision, the court itself must decide the question of arbitrability. Secondly, the Act’s “contracts of employment” exclusion applies to workers involved in interstate transportation, including workers classified as independent contractors.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management