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31 Oct 2012, 4:57 pm by rhall@initiativelegal.com
Wells Fargo argued that it did not waive its right to compel arbitration because, prior to Concepcion, a motion to compel arbitration would have been futile, since state laws made it impossible to enforce agreements to arbitrate on an individual (rather than classwide) basis. [read post]
15 Jan 2024, 7:21 pm by Jacob Katz Cogan
The latest issue of the Journal of International Arbitration (Vol. 41, no. 1, 2024) is out. [read post]
11 Jan 2023, 5:23 pm by Jacob Katz Cogan
The latest issue of the Journal of International Arbitration (Vol. 40, no. 1, 2023) is out. [read post]
1 Feb 2008, 6:00 pm
Instead, customers will be forced to arbitrate their claims before the American Mediation Association, an organization that seems to consist of three lawyers in Dallas hired by the Whataburger (part of a 58-year-old fast food chain deemed a “Texas treasure” by the state legislature). [read post]
29 Jun 2017, 5:04 am by Michael Broyde
Secular recognition of religious arbitration helps moderate and integrate religion Religious arbitration is good for secular societies. [read post]
5 Feb 2010, 12:25 pm
In addition, the arbitration panel, consisting of one person selected by the plaintiff, one picked by the defendants, and third a neutral former judge, also left open the chance of an award of punitive damages. [read post]
The Supreme Court primary dwelled on two questions of law: whether the emergency arbitrator’s award is valid under § 17(1) of the Arbitration and Conciliation Act of 1996 (“the Act”) and (ii) whether Judge Midha’s order enforcing the arbitration award can be appealed under § 37(2) the Act. [read post]
20 Apr 2020, 9:31 am by Ernest Wagner
Court of Appeals for the Fifth Circuit recently affirmed a trial court’s order compelling the arbitration of an employee’s federal age discrimination claim against a financial institution employer, holding that the trial court correctly found that there was a meeting of the minds between the employee and the employer as required to form the arbitration agreement. [read post]
30 Oct 2014, 10:28 am by Susan Tarley
As a follow-up to our post on the costs and benefits of the arbitration process, the Federal Trade Commission (“FTC”) recently issued a report indicating that the litigation and arbitration practices for resolving consumer debt need major reform. [read post]
27 Nov 2017, 7:23 am by Beth Graham
Because Daewoo sought attachment to bring about a covered arbitration—that is, because Daewoo’s suit related to a covered arbitration agreement—this court has subject matter jurisdiction. [read post]
3 Feb 2011, 9:54 am
Another perennial question in international arbitrations is whether or not the nomination of arbitrators should be a fundamental right of a party. [read post]
21 Dec 2018, 8:30 am by Beth Graham
  In response, Alorica filed a motion to compel the dispute to arbitration. [read post]
8 Jul 2014, 8:00 am by Liz Kramer
The purchase agreement required that any disputes be arbitrated before a panel of three arbitrators, with each party choosing one neutral arbitrator and the two party-appointed arbitrators selecting the third. [read post]
26 Sep 2022, 5:01 am by Eugene Volokh
[Though the agreement provided for arbitration, under Texas family law challenges to the validity of a family law arbitration agreement can't wait until after the arbitration takes place.] [read post]
15 May 2013, 6:56 pm by rhall@initiativelegal.com
District Judge William Pauley and the eight-year arbitration clause ban is imposed, the banks will be unable to partake of the fully legal greasing of the arbitration skids provided by decisions like AT&T Mobility v. [read post]