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Stormy Daniels and lawyer Michael Avenatti leave the Daniel P. Moynihan Courthouse in Manhattan after a hearing in front of Judge Kimba Wood regarding a search warrant that was executed at the home, hotel and office of Trump’s lawyer Michael Cohen. (Photo by David Handschuh/NYLJ)

There may be no legal matter currently capturing the public’s attention more than the case of Stephanie Clifford (aka Stormy Daniels) and Donald J. Trump. While most of the headlines focus on the allegations regarding their relationship, the case also raises a number of interesting issues concerning arbitration law. In addition to the key threshold question of whether the court or an arbitrator should resolve issues concerning the formation, validity and enforceability of the parties’ 2016 “settlement agreement”—and, more specifically, the agreement’s arbitration clause—the case also raises interesting issues about the right to discovery and a summary jury trial to determine whether an agreement to arbitrate has been formed; the enforceability of an agreement to arbitrate by a person who did not sign the agreement and claims not to have known of its existence; the enforceability of the arbitration clause by an entity to which the clause apparently was not intended to apply; and the availability of ex parte relief from an arbitrator.

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