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18 Jul 2007, 1:00 pm
Some members of Congress think you ought to have a right to say if a dispute between you and lender should be heard by a private arbitrator, often in a distant city, or by a judge in your hometown. [read post]
14 Jan 2013, 10:39 am
By Amy Messigian Last month, the California Court of Appeal ruled that a former employee of Forever 21 must try her claims against the retailer in arbitration, enforcing the company’s employment arbitration policy and reversing a lower court decision finding the agreement unconscionable under California law. [read post]
5 Jun 2012, 1:44 am
Vattenfall has a history of taking Germany to arbitration, having done it before over the Moorburg power plant (ICSID Case No. [read post]
16 Feb 2023, 8:17 am
The Ninth Circuit found that the Federal Arbitration Act (FAA) preempts AB 51 because AB 51 criminalizes the formation of mandatory arbitration agreements and, thus, violates the FAA’s purpose of encouraging arbitration. [read post]
19 Jun 2012, 6:29 am
Concepcion, the court held that the Federal Arbitration Act (“FAA”) preempts any state law prohibiting class action waivers in arbitration agreements. [read post]
29 Oct 2015, 8:30 am
(In honor of Hong Kong’s Arbitration Week 2015) [read post]
31 Aug 2017, 7:05 pm
The court highlighted the federal policy favoring arbitration and the broad construction of the scope of arbitration agreements as it granted the defendant’s motion to compel arbitration and directed the parties to proceed with arbitration in accordance with the parties’ arbitration agreement. [read post]
7 Apr 2008, 11:15 am
Probably the biggest barrier to arbitration serving as a forum for complicated commercial disputes is that the Federal Arbitration Act effectively provides no substantive oversight of an arbitration ruling, making the arbitrator’s ruling the final decision, and only allows judicial review for the purpose of addressing any serious procedural errors during the course of an arbitration. [read post]
5 Jul 2010, 7:42 am
MCI's claims against the project engineer, who was not party to the arbitration proceedings, did not affect the arbitration in such a way as to require their adjudication before the arbitration award was confirmed. [read post]
9 Sep 2017, 11:03 am
Corporations love arbitration agreements. [read post]
28 Apr 2022, 10:55 am
Many companies, including nursing homes and residential care facilities, have patients sign arbitration agreements at the time of their intake. [read post]
21 May 2018, 8:33 am
The Supreme Court’ majority holding states: Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act’s saving clause nor the NLRA suggests otherwise. [read post]
23 Jan 2023, 11:14 am
Hence, the validity of the arbitration agreement had to be addressed by the arbitrator and not the court. [read post]
7 Feb 2023, 7:51 pm
Arbitrators could be challenged based on grounds specified by law or arbitration rules. [read post]
9 Aug 2018, 7:08 am
Both contracts contained an arbitration clause. [read post]
18 Jul 2011, 5:59 am
Within the time allowed by Rule R–36, the arbitrator delivered the December 28 order, which made the arbitration complete. [read post]
10 Jul 2018, 5:27 pm
A series of similar decisions in arbitral proceedings will not do so, and those issues may then carry on being taken account of in future arbitrations. [read post]
24 Jun 2009, 3:37 pm
The courts at the arbitral seat are well suited to assist in the establishment of the tribunal at the beginning of the arbitration since in most cases the lex arbitri, governing the arbitral proceedings, will be the law of the arbitral seat. [read post]
26 Jul 2012, 6:22 am
Here's the abstract: Despite Congress’s deliberate limitation of the Federal Arbitration Act (the “FAA”) to disputes arising out of a contract containing an arbitration provision, broader arbitration provisions are ubiquitous. [read post]
15 Aug 2011, 11:33 am
Arbitral Award in another country. [read post]
