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21 May 2010, 2:00 am
Instead, the big business gets to choose the arbitrator. [read post]
3 Nov 2011, 10:25 pm
Blawgletter notes something the court did not do -- it did not speak to the issue of whether making someone arbitrate a claim she didn't agree to arbitrate causes her "irreparable harm", a key element of a request for an injunction pending trial on the merits. [read post]
30 Aug 2017, 6:00 am
The court said: In summary, because the parties agreed to the arbitration provision, the arbitrator must decide the scope of that provision, and the arbitrator must address Chamberlin’s unconscionability defense. [read post]
17 May 2017, 12:23 pm
Indeed, the district court unquestionably did not deny arbitration; it ordered arbitration in this case. [read post]
8 Aug 2013, 5:31 am
During court-ordered mediation, the parties agreed to submit the dispute to binding arbitration. [read post]
28 May 2014, 6:57 am
The trial court agreed, vacated the arbitral award based upon Stern’s evident partiality, and ordered a new arbitration. [read post]
4 Aug 2010, 8:40 pm
Among other things, listen to Stephen read from the mandatory arbitration clause in his credit card agreement. [read post]
16 Jan 2018, 11:26 am
The International Arbitration Act only reforms international arbitration, while domestic arbitration is still governed by the Arbitration Act 1965 which remains in force. [read post]
14 Jul 2011, 9:46 am
Concepción ("AT&T Mobility"), where the Supreme Court held that California case law invalidating class action waivers in consumer arbitration agreements is preempted by the Federal Arbitration Act ("FAA"). [read post]
7 Jan 2014, 8:25 am
Schafer and Block filed an arbitration complaint. [read post]
13 Oct 2009, 6:28 pm
So, what's right with arbitration? [read post]
3 Dec 2016, 11:02 am
Ever since FINRA changed its rules to virtually eliminate every securities attorney in the country from serving as an arbitrator in a customer case, arbitrator selection has become more difficult.However, last week the SEC approved FINRA rule amendments to increase the number of arbitrators on the public arbitrator list that FINRA sends to parties during the arbitration panel selection process from 10 to 15 and to increase the number of permitted strikes… [read post]
6 Aug 2014, 9:33 pm
The Report recommends amendments relating to institutional arbitration, framing of model fee schedule, empowerment of High Courts to frame rules for arbitrator fee in domestic arbitration, prohibition of appointment by PSUs of their own employees as arbitrator, statutory enforcement of interim measures ordered by the tribunal, imposition of costs in frivolous arbitration cases, different schemes for setting aside award in domestic and international… [read post]
26 Mar 2019, 6:00 am
The World Intellectual Property Organization (“WIPO”) has announced its Arbitration and Mediation Center received a 15 percent increase in mediation, arbitration, and expert determination case requests in 2018. [read post]
2 Jun 2009, 10:10 pm
Does the arbitration clause cover the dispute? [read post]
11 Feb 2022, 3:30 am
However, any pending arbitrations will remain there. [read post]
4 Feb 2011, 8:20 am
Arbitration is often referred to as "binding arbitration" because there is a very limited right to appeal from an arbitrator's decision, meaning that normally the arbitrator's decision is final. [read post]
16 Feb 2022, 3:30 am
But can an employer compel arbitration of LAD claims? [read post]
8 Feb 2011, 5:00 am
This standard is not in the Federal Arbitration Act (FAA). [read post]
26 Apr 2022, 9:01 am
The arbitration agreement itself has a summary at the top that includes a few bullet points, one of which is "Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice. [read post]
