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2 Aug 2016, 10:49 am
Instead, matters must be decided by an arbitrator. [read post]
2 Jun 2016, 8:30 am
Epic Systems Corporation, and found that an employer’s arbitration agreement that it required all of its workers to sign, requiring them to bring any wage and hour claims that they have against the company in individual arbitrations “violates the National Labor Relations Act (NLRA) and is unenforceable under the Federal Arbitration Act FAA). [read post]
6 Jun 2011, 12:33 pm
Under the CBA, Mathews could choose to arbitrate his grievance or litigate it in court; in this case, he chose to pursue arbitration. [read post]
13 Oct 2008, 1:25 am
Employment arbitration provisions are commonly struck down as unconscionable when they provide that any claims that an employee has, have to be referred to mandatory arbitration, without mentioning that the employer's claims also can only be resolved through arbitration. [read post]
6 Jul 2010, 4:10 am
Unless the arbitration award "is clearly violative of a strong public policy, . . . is totally or completely irrational, or . . . manifestly exceeds a specific, enumerated limitation on the arbitrator['s] power," the award must be confirmed.As the arbitrator’s interpretation of the agreement to provide the Association with “an opportunity to be heard on the layoff and method of layoff of 26 assistant principals” is rationally based on the… [read post]
16 Dec 2007, 8:40 pm
(Arbitrators, at least, typically split the baby.) [read post]
17 Dec 2007, 11:00 am
(Arbitrators, at least, typically split the baby.) [read post]
20 Jun 2022, 6:21 am
In 2012, the London P&I Club commenced arbitration proceedings in London seeking a declaration that, pursuant to the arbitration clause in the insurance contract concluded with the owners of the Prestige, the Spanish state was required to pursue its claims in the arbitration proceedings, and that it could not be liable to the Spain in respect of those claims due to the ‘pay to be paid’ clause. [read post]
31 Mar 2014, 7:29 pm
Court of Appeals for the Third Circuit found that a confidential arbitration program sponsored by the Court of Chancery for major business disputes ran afoul of the U.S. [read post]
6 Jul 2018, 7:31 am
It later denied a motion “to compel arbitration…to resolve disputed issues of fact related to arbitration. [read post]
6 Jul 2018, 7:31 am
It later denied a motion “to compel arbitration…to resolve disputed issues of fact related to arbitration. [read post]
4 Mar 2019, 11:35 am
” The bill would require a court, rather than an arbitrator, to decide any issue as to whether the prohibition applies to an arbitration agreement. [read post]
11 Feb 2022, 11:09 am
It does not, however, affect cases previously settled under arbitration. [read post]
29 May 2018, 11:07 am
Arbitration agreements require employees to use private arbitration to litigate workplace disputes. [read post]
16 Jun 2009, 1:44 am
The question presented in the case is "[w]hether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act, 9 U.S.C. [read post]
10 Dec 2018, 4:30 am
First Google had a bunch of employees walk out to protest sexual harassment arbitration, and it rescinded its arbitration policy. [read post]
24 Aug 2020, 8:38 am
Those workers are excluded from the arbitration provisions of the Federal Arbitration Act (FAA), but may still be subject to a state’s arbitration law. [read post]
23 Aug 2017, 2:37 pm
by Mark Kantor It is very rare to see a court decision addressing whether an optional appeal to a second arbitration tribunal is available under the applicable arbitration agreement and arbitration rules to a party disappointed by a first tribunal’s arbitration award. [read post]
7 Feb 2008, 2:19 pm
Now I can point to actual proof that arbitration is bad for employees. [read post]
3 Sep 2014, 7:17 am
The Justices have not examined the enforceability of arbitration clauses or arbitral rules which explicitly prohibit claimants from seeking or arbitrators from granting broad injunctive relief in an individual dispute. [read post]