Benefit Fund Dispute Must Be Decided By Court, Not Arbitrator, Panel Affirms

Mealey's (September 16, 2020, 11:17 AM EDT) -- PHILADELPHIA — A district court did not err in refusing to compel arbitration in a dispute over contributions to a laborers' benefit fund and in finding that the court possessed jurisdiction to decide the dispute because the formation of the contract that contained the arbitration provision was at issue, the Third Circuit U.S. Court of Appeals said Sept. 14, noting that the Federal Arbitration Act (FAA) provides that any disputes over contract formation are for courts to decide (MZM Construction Co. Inc., et al. v. New Jersey Building Laborers Statewide Benefit Funds, Nos. 18-3791 & 19-3102, 3rd Cir., 2020 U.S. App. LEXIS 29039)....