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With arbitration agreements becoming more common in employment relationships, the question has arisen whether employers can enforce arbitration of breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2).  Attempts to enforce arbitration of such claims over the years have had varying results.[1]  As one court recently noted, “whether any benefits plan may agree to submit to arbitration and/or whether an individual employment agreement may compel claims on behalf of a benefits plan to proceed to arbitration are not issues of clearly settled law.”[2]

This year, the issue is before two federal courts on appeal.  So far, the court rulings in the cases seem to provide some guidance but also create further uncertainty.

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