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17 Nov 2014, 12:35 pm by Alan S. Kaplinsky and Mark J. Levin
” Congress passed the Federal Arbitration Act in 1925 precisely because arbitration had been treated differently than other contract terms and arbitration agreements were rarely enforced because they were singled out for special treatment. [read post]
16 Sep 2021, 12:43 pm by Michael Thompson
At issue is whether AB 51 is preempted by the Federal Arbitration Act, which prohibits states from disfavoring arbitration agreements relative to other contracts. [read post]
10 Jun 2014, 5:54 am by Beth Graham
  The trial court refused to submit the wrongful death claim to arbitration and held that the parties’ arbitral agreement only applied to the man’s personal injury claims. [read post]
23 May 2017, 6:00 am by Beth Graham
  The question presented on appeal to the nation’s high court was: Whether the Federal Arbitration Act pre-empts a state-law contract rule that singles out arbitration by requiring a power of attorney to expressly refer to arbitration agreements before the attorney-in-fact can bind her principal to an arbitration agreement. [read post]
22 Jul 2015, 1:04 pm by John Suthers
There is only one way that arbitration can be fair and truly voluntary:  that is to prohibit the use of pre-dispute binding arbitrations altogether. [read post]
27 Jul 2010, 3:36 am
”The decision points out the significant difference between binding arbitration and advisory arbitration.In binding arbitration, the prevailing party is able to enforce an award issued by the arbitrator through an Article 75 proceeding. [read post]
17 Jun 2016, 8:05 am by Jon Brodkin
Arbitration must be sought on an individual basis, as the clause also prevents class arbitration. [read post]
5 May 2017, 6:00 am by Karl Bayer
Indeed, its impact may well reach beyond labor arbitration to commercial arbitration under the Federal Arbitration Act, as “[t]here is no doubt that the scope of review of arbitration in cases involving mandatory arbitration of statutory claims is at least as great as the judicial review available in the context of collective bargaining. [read post]
22 Mar 2017, 9:45 am by Beth Graham
  If approved, S. 537 would amend the Federal Arbitration Act (“FAA”) to specifically exclude employment and consumer contracts that include a pre-dispute arbitration clause. [read post]
14 Mar 2012, 7:50 pm by Michael Helfand
Phillips, 173 F.3d 933 (4th Cir. 1999), where the court invalidated an arbitration agreement because, among other issues, "the employee's arbitrator and the third arbitrator [had to] be  selected from a list of arbitrators created exclusively by Hooters"). [read post]
17 Feb 2023, 11:16 am by Seyfarth Shaw LLP
Supreme Court took as a given: arbitration is a matter of contract and agreements to arbitrate must be voluntary and consensual. [read post]
29 Oct 2018, 6:25 am by yoshalawfirm
The post Arbitration for Motor Vehicle Insurance Disputes appeared first on Yosha Cook & Tisch - Personal Injury Lawyers. [read post]
25 Oct 2021, 6:00 am by Beth Graham
The question presented to the Supreme Court was: Whether agreements calling for individual arbitration are enforceable under the Federal Arbitration Act with respect to claims asserted under California’s Private Attorneys General Act, Cal. [read post]
22 Mar 2012, 9:35 am by Scott R. Sleight
This arguably includes mediation if the contract requires mediation as a condition precedent to further proceedings. [read post]
31 Aug 2012, 5:49 am by James Hamilton
The arbitration proceeding was intended to preserve Delaware’s pre-eminence in offering cost-effective options for resolving corporate and business disputes. [read post]
2 Mar 2011, 9:01 am by N. Peter Rasmussen
Woodlock decided that the court (D Mass), rather than a FINRA arbitration panel, had subject matter jurisdiction over a whistleblower claim and denied a defense motion to compel arbitration.Section 922 of the Dodd-Frank Act added new subsection (e) to Sarbanes-Oxley Act Section 806 to ban pre-dispute arbitration agreements concerning civil whistleblower claims. [read post]
26 Apr 2015, 7:35 am by John H Curley
The dispute proceeded to arbitration, and "by the slimmest of margins" Arbitrator Harry MacLean concluded that Parcell should be reinstated without back pay. [read post]