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- Title
Meaning of a Refusal to Arbitrate.
- Authors
Seidman, David
- Abstract
This section discusses the case Jacobs v. USA Track and Field, which was filed in the U.S. in 2004. The 2nd Circuit refused to compel an arbitration under a particular set of American Arbitration Association (AAA) rules where the AAA had already deemed those rules to be inapplicable. Regina Jacobs, a member of USA Track & Field (USATF), agreed to abide by USATF rules and regulations, including submitting to testing by the U.S. Anti- Doping Agency (USADA). Jacobs tested positive for a prohibited substance, so USADA charged her with a doping violation and threatened sanctions. Jacobs denied the charges and demanded arbitration under the AAA Commercial Arbitration Rules. USADA said arbitration should proceed under the USADA Protocol and the AAA Supplementary Procedures. Thereafter, Jacobs petitioned a federal court in New York for an order compelling arbitration under the AAA Commercial Rules. The district court denied the petition, holding that it lacked jurisdiction to hear the case.
- Subjects
UNITED States; JACOBS, Regina; ARBITRATION (Administrative law); USA Track &; Field Inc.; ACTIONS &; defenses (Law)
- Publication
Dispute Resolution Journal, 2004, Vol 59, Issue 4, p92
- ISSN
1074-8105
- Publication type
Article