Search for: "Matulis Mediation | Arbitration"
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8 Feb 2012, 4:00 am
AmEx’s arbitration clause exempts small claims lawsuits from the arbitration requirement, which is something insurers may wish to consider as well. [read post]
18 Feb 2013, 7:00 am
Amex responded that the agreement requires arbitration, but prohibits classwide arbitration. [read post]
12 Jul 2007, 3:49 am
Without the agreement of both sides to arbitrate, there can be no arbitration. [read post]
23 Feb 2021, 6:27 am
In response, Amazon moved to resolve the dispute via individual arbitration pursuant to the collective action waiver and binding arbitration agreement each driver agreed to prior to working with the company. [read post]
22 Dec 2014, 5:19 am
Italian Colors Restaurant that the effective vindication doctrine cannot be used to invalidate an otherwise enforceable arbitration agreement with class-action waiver simply because the opponents have no “economic incentive” to pursue individual arbitration. [read post]
16 Mar 2014, 8:20 am
When the City refused to submit the dispute to arbitration, the Union filed a declaratory judgment action seeking to compel arbitration. [read post]
17 Apr 2009, 9:05 am
The article then concludes with two suggestions that it is argued can restore authority to arbitral awards: (1) the introduction of a "procedural mediator", whose role would be to design the proceedings of an arbitration to fit the parties and the dispute, and (2) the acceptance in international arbitration that arbitrators should act as advocates for the party that nominated them to the arbitral panel. [read post]
13 May 2011, 5:20 am
The Court ruled that the Federal Arbitration Act barred states from protecting their own residents from these horrendous arbitration clauses. [read post]
31 Aug 2010, 9:34 pm
” and “the issue of arbitrability is for the arbitrator to decide. [read post]
23 Nov 2009, 3:54 pm
Yuval Sinai (Netanya Academic College School of Law) has posted Arbitration as an Ideal Judicial Procedure on SSRN. [read post]
9 Sep 2016, 6:23 am
Instead of resolving the issue of arbitrability itself, the district court should have abided by the delegation clause in the parties’ arbitration agreement and allowed an arbitrator to decide whether their claims were arbitrable, the appeals court ruled, reversing in relevant part and remanding with instructions to grant Uber’s motion to compel arbitration (Mohamed v. [read post]
19 Jul 2023, 6:29 am
Enforcement of Arbitration Agreements and Class Action Waivers Like any contract, arbitration agreements and class action waivers are subject to state contract defenses like fraud, duress, and unconscionability. [read post]
11 Apr 2011, 5:00 am
Here, because the terms of the arbitration agreement provide that it is void if the class action waiver is found unenforceable, there is no basis on which to compel arbitration. [read post]
7 Apr 2017, 7:12 pm
They can stick customers with half the cost of arbitration, even if the customers win, increasing the customers’ risk. [read post]
17 Aug 2012, 3:04 pm
Further, the NFA informed its members that, although NFA’s arbitration rules are mandatory at the election of the person filing a claim, the NFA would not honor any pre-dispute arbitration agreements that purport to require an associate to file a claim that arises under the whistleblower rules. [read post]
17 Jul 2017, 1:02 pm
” They also state that the CFPB ignored data showing that the average award to consumers in arbitration is substantially greater than the average amount received by consumers in class actions and effectively eliminated arbitration “without proposing a reasonable alternative process for timely, low-cost resolution of consumer disputes. [read post]
7 Apr 2017, 7:12 pm
They can stick customers with half the cost of arbitration, even if the customers win, increasing the customers’ risk. [read post]
17 Aug 2011, 4:27 pm
After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration [read post]
9 May 2010, 8:46 pm
The arbitrators disagreed and concluded that class action relief could be had under the arbitration clause. [read post]
29 Feb 2008, 8:41 am
Many of those surveyed also viewed the arbitration system as unfair and their arbitration panels as biased. [read post]