The Oklahoma Bar Journal March 2025

transactional documents. Moreover, recent judicial interpretations – such as those in Lennar Homes v. Whiteley , SCI Texas Funeral Services v. Gonzalez and Coinbase, Inc. v. Bielski – illustrate the judiciary’s readiness to enforce arbitration clauses even when consent is not explicitly granted. These developments emphasize the necessity for legal practitioners to anticipate arbi tration as a potential element in disputes, regardless of its initial visibility. By remaining aware of these trends, attorneys can better navigate the challenges posed by arbitration in both anticipated and unexpected circumstances.

to compel arbitration based on its user agreement, and the district court denied the motion to compel on the grounds that the arbitration clause and delegation clause were uncon scionable. On appeal, the U.S. Court of Appeals for the 9th Circuit denied Coinbase’s motion to stay. The Supreme Court granted certiorari and held that a district court must stay its proceedings while an interlocutory appeal is taken pursuant to 9 U.S.C. §16(a) when the question of arbitrability is ongoing. 6 tration underscores the importance of vigilance in both consumer and legal contexts. Hidden arbitration clauses, enforceability in scenarios involving subsequent purchasers and their binding nature on third party beneficiaries demand careful examination of agreements and CONCLUSION The evolving landscape of arbi

then later in Oklahoma. He also has an active arbitration practice that includes serving as a panel member on several national arbitration organizations as well as conducting arbitrations through his individual practice. Beginning in 2020, Mr. Johnston’s practice has been primarily serving as an arbitrator. He has also been a member of the OBA Alternative Dispute Resolution Section for many years, as well as other arbitration-related organizations. ENDNOTES 1. Lamps Plus, Inc., et al. v. Varela (U.S. S. Ct. 2019). 2. Green Tree Financial Corp. Ala. v. Randolph , 531 U. S. 79, 89 (2000). 3. Lennar Homes v. Whiteley , 66 Tex. Sup. Ct. J. 8740. 4. SCI Texas Funeral Services v. Gonzalez , No. 13-21-00453-CV, (Tex. App. Corpus Christi) (Jan. 13, 2022). 5. Coinbase, Inc. v. Bielski , 22-105 (U.S. 2023). 6. Id.

ABOUT THE AUTHOR

For almost 45 years, Michael W. Johnston has been an active civil litigator. He was first licensed in Texas and

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL