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1 Jun 2021, 8:15 am
Most arbitration clauses also make clear that there is no penalty for opting out of the arbitration provision. [read post]
1 Aug 2013, 1:07 pm
Concepcion (2011) (here), the Supreme Court held that the Federal Arbitration Act (FAA) preempted a California rule that classified most consumer class arbitration waivers as unconscionable. [read post]
30 Oct 2018, 12:05 pm
It hands the decision to the arbitrator to make the arbitrability decision. [read post]
20 Jul 2018, 8:54 am
We had done about three posts on the Arbitration and Conciliation (Amendment) Bill, 2018 before it was formally introduced in the Lok Sabha. [read post]
3 Oct 2016, 7:13 am
ANICO responded by arguing that NAIU was actually asking the court to vacate the arbitral panel’s order prior to completion of the arbitral proceedings. [read post]
9 Dec 2009, 3:16 am
Arbitrator's offering the appointing authority a choice of two definite penalties does not render the final award indefiniteMatter of Hansen v New York State Dept. of Correctional Servs., 59 AD3d 903May an arbitrator provide the appointing authority with alternative disciplinary penalties, one of which to be imposed on an individual found guility of disciplinary charges? [read post]
9 Mar 2016, 7:49 am
In addition, Cardwell argued the Federal Arbitration Act did not apply to the dispute and the arbitral agreement was unenforceable under state law. [read post]
19 Nov 2017, 9:00 am
Read More › Tags: Arbitration, Arbitration and ADR, Breach of Contract, Severance Agreements [read post]
4 Oct 2011, 9:02 am
THE INSTITUTE FOR TRANSNATIONAL ARBITRATION 1st Annual Winter Forum STANFORD COURT RENAISSANCE SAN FRANCISCO HOTEL SAN FRANCISCO, CALIFORNIA February 2-3, 2012 CALL FOR PAPERS In collaboration with the Academic Council, the Executive Committee and the Young Arbitrators Initiative of the Institute for Transnational Arbitration (ITA) are proud to announce the creation of a new annual Winter Forum. [read post]
17 Nov 2015, 5:41 am
It also references recent efforts of arbitration opponents to curtail its use, including the proposal of the Department of Justice to amend the Servicemembers Civil Relief Act (SCRA) to make unenforceable arbitration agreements in contracts with servicemembers that provide for the use of arbitration to resolve SCRA claims unless all parties consent to arbitration after a dispute arises. [read post]
21 Jun 2009, 2:27 pm
The US Supreme Court has announced that it will decide whether the Federal Arbitration Act (FAA) permits arbitrators to impose class arbitration on parties whose arbitration clauses are silent on that issue. [read post]
1 Feb 2020, 11:04 am
A California federal court has granted a preliminary injunction blocking enforcement of Assembly Bill 51, an expansive anti-arbitration law enacted in October and set to take effect on January 1, 2020. [read post]
4 Mar 2007, 11:29 pm
It reads: [Le tribunal arbitral] statue sur sa compétence sans égard à une action ayant le même objet déjà pendante entre les mêmes parties devant un autre tribunal étatique ou arbitral,... [read post]
27 Jul 2012, 2:35 am
“In Sulamerica Cia Nacional De Seguros S.A. v Enesa Engenharia S.A. [2012] EWCA Civ 638 the Court of Appeal explored (amongst other things) the question of how the law governing an arbitration agreement in the absence of express choice is to be determined. [read post]
25 Apr 2012, 3:54 am
The Article focuses on five areas of concern: the potential for impermissible ouster of the courts, the operability and effectiveness of the arbitration provision, the extent to which the arbitration provision is binding on the party against whom arbitration is asserted, proper representation of parties and arbitrability. [read post]
24 Mar 2022, 9:32 am
Within the purchase agreement was an arbitration clause, stating that all disputes would be settled via arbitration in Germany under the rules of the German Institution of Arbitration, a private arbitration body. [read post]
1 Oct 2015, 10:03 am
The arbitration waiver must spell out the rights that are being waived. [read post]
27 Jun 2023, 8:00 am
The arbitration agreement also provided that arbitration is mandated for various claims under the Illinois Survival Act. [read post]
3 Dec 2018, 5:01 am
It would also be illegal to require workers to waive their right to join a class-action lawsuit or file claims in arbitration as a group. [read post]
23 May 2017, 9:05 pm
More: Liz Kramer, Arbitration Nation. [read post]
