Quantum of Evidence: proving the existence of an arbitration agreement
In what I'll call its Quantum of Evidence decision issued this month, not to be confused with the 2008 James Bond flick, Quantum of Solace , the Fifth Circuit tackled the issue of the "quantum of evidence required to prove or disprove the existence of an agreement to arbitrate" in the Fifth Circuit. More specifically, it addressed the appropriate standard for a district court to apply when considering a motion to stay or compel arbitration where the formation of an agreement is disputed. In Gallagher v. Vokey , No. 20-1100 (5th Cir. July 1, 2021), the Court found that the district court erred in denying an attorney's motion to compel arbitration of claims related to his retired Navy Seal client's refusal to pay legal invoices. Under existing Fifth Circuit precedent, a party resisting arbitration: bears the burden of showing he is entitled to a jury trial; must make some showing that under prevailing law, he would be relieved of his contractual obligation to