Search for: "National Arbitration Forum"
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12 Apr 2016, 6:09 am
This short Essay details the key arguments in Dollar General and argues that to undo the tribal contract would unnecessarily and unconstitutionally undo the right to contract for Indian nations. [read post]
1 Feb 2021, 7:13 am
Here, the joint use of national law and lex mercatoria is discussed in the context of the example of construction arbitration as the most common area of international arbitration practice. [read post]
5 Nov 2018, 11:25 am
” As to substantive unconscionability, the court found several clauses offensive, including a forum selection clause and one giving the defendants control over the selection of the arbitrator. [read post]
15 Apr 2011, 4:00 am
Zeevi is somewhat unusual because it seems likely that the whole point of an arbitration clause was to provide a neutral forum for resolution of the disputes. [read post]
3 Oct 2017, 7:48 am
The Supreme Court began its new Term yesterday with oral arguments in cases involving whether arbitration agreements permitting only individual (non-class) arbitrations are enforceable under the Federal Arbitration Act, or prohibited by the National Labor Relations Act as an improper restriction on collective action. [read post]
3 Oct 2017, 7:48 am
The Supreme Court began its new Term yesterday with oral arguments in cases involving whether arbitration agreements permitting only individual (non-class) arbitrations are enforceable under the Federal Arbitration Act, or prohibited by the National Labor Relations Act as an improper restriction on collective action. [read post]
3 Jun 2013, 9:27 pm
Critics of this regime often point out that it allows private arbitrators to decide the legality of sovereign acts or public policies and there are concerns about “forum shopping”, high costs, transparency and fairness to third parties, lack of predictability and consistency. [read post]
19 Mar 2009, 12:48 pm
While FINRA members can be compelled to arbitrate customer disputes and most require their customers to agree to arbitrate disputes, other financial institutions have traditionally been reluctant to commit to arbitration and have preferred to submit disputes to national courts. [read post]
12 May 2016, 6:15 am
The arbitration was to be conducted pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). [read post]
11 Aug 2021, 6:54 am
Uber moved to compel arbitration, stay the action pending arbitration and transfer the case to the Northern District of California based on a forum selection provision in the driver agreements. [read post]
5 Mar 2023, 5:53 pm
This approach dramatically contrasts with what international arbitration delocalisation theory arguably has long sought: to free arbitration from national orders. [read post]
25 May 2016, 4:49 am
Nursing home arbitration agreements – which have become mandatory for admission for many facilities across the nation – restrict patients’ access to the court system in the event of disputes arising as a result of poor care or criminal acts. [read post]
2 Dec 2013, 6:24 pm
It is submitted that national courts often err when they grant effects to foreign award judgments. [read post]
3 May 2007, 9:27 am
An SEC roundtable may be a forum where this issue could be addressed. [read post]
21 May 2018, 9:15 am
” The Court disagreed with plaintiff’s reading of § 7, and held: “The NLRA secures to employees rights to organize unions and bargain collectively, but it says nothing about how judges and arbitrators must try legal disputes that leave the workplace and enter the courtroom or arbitral forum. [read post]
9 Aug 2018, 6:21 pm
GOLDEN, Plaintiff,v.JP MORGAN CHASE BANK, NATIONAL COLLEGIATE TRUST, FIRSTMARK SERVICES, GOLDEN TREE ASSET MANAGEMENT LP, GS2 2016-A (GS2), NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-3, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-4, PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY D/B/A AMERICAN EDUCATION SERVICES, Defendants.Case No. 16-40809-ess, Adv. [read post]
21 May 2018, 3:47 pm
” It reasoned that the “NLRA secures to employees rights to organize unions and bargain collectively, but it says nothing about how judges and arbitrators must try legal disputes that leave the workplace and enter the courtroom or arbitral forum. [read post]
21 May 2018, 3:47 pm
” It reasoned that the “NLRA secures to employees rights to organize unions and bargain collectively, but it says nothing about how judges and arbitrators must try legal disputes that leave the workplace and enter the courtroom or arbitral forum. [read post]
24 Jun 2014, 9:39 am
The National Labor Relations Board had so held in 2012 in D.R. [read post]
27 Aug 2013, 7:41 am
Authored by Loren Gesinsky Last week, on August 21, 2013, the Ninth Circuit joined the chorus of courts declining to follow the National Labor Relations Board’s controversial D.R. [read post]
