Orlando Mediator Lawrence Kolin explores current issues in Alternative Dispute Resolution, including mediation and arbitration of complex disputes by neutrals resulting in settlement of state and federal litigation. This blog covers a wide variety of topics-- local, national, and international-- and includes the latest on technology and electronic discovery affecting sophisticated lawyers and parties to lawsuits.
Thursday, March 10, 2016
Sheen 'Winning' Argument For Sex Arbitration
Charlie Sheen and his former sex companion Brett Rossi are being sent to arbitration to determine whether Rossi's lawsuit against Sheen over his previously undisclosed HIV status will be decided by an arbitrator or a judge. Apparently, Sheen's girlfriend signed a non-disclosure agreement (NDA) that included a mandatory arbitration provision. Reportedly, Sheen's attorneys asked the court to send the matter to arbitration, while Rossi's attorneys argue the entire agreement is illegal and the validity of the contract should be decided by a judge. A Los Angeles Superior Court has now ruled in favor of Sheen's petition to compel arbitration, finding "The arbitration agreement expressly indicates that any questions concerning whether or not the agreement should be resolved by way of arbitration are left to the arbitrator." The couple's agreement “purports to govern ‘any and all disputes, claims or controversies between us of any kind or nature whatsoever.’” The court rejected arguments that because the purpose of the NDA was to facilitate sex for money the entire agreement is void. An arbitrator will now decide arbitrability as has been the trend in legal rulings of late. See story here-- http://bit.ly/1R8YbhF