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16 Sep 2010, 9:50 pm by The Complex Litigator
Ct. 2772, 2775 (2010) (holding that arbitrability is a question for the arbitrator “where the agreement explicitly assigns that decision to the arbitrator”). [read post]
14 Sep 2009, 5:00 am
On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR. [read post]
11 Oct 2014, 4:32 am by Nassiri Law
Under the employee contract, mandatory arbitration agreements were conditions of employment, requiring that any claims, including those involving discrimination or retaliation, be submitted and resolved through binding arbitration. [read post]
15 Jan 2015, 12:30 pm by Sean Mirski
From the start, China has steadfastly refused to participate in the arbitration process. [read post]
21 Aug 2020, 11:02 am by ADR Times
Furthermore, it is pertinent to note that tackling the issue of unilateral appointment of arbitrators on a case to case basis will only prove to be fatal to the Indian Arbitration Eco-System. [read post]
20 Aug 2007, 5:08 am
Enforceability of Class Action Arbitration Waiver Clause is Governed by State Law and District Court Erred in Granting Defense Motion to Compel Arbitration and Dismiss Class Action Complaint because Class Action Arbitration Waiver in Consumer Contract was Unconscionable under California Law Ninth Circuit Holds Last Friday, the Ninth Circuit held that a class action arbitration waiver in a cellular telephone service contract is unconscionable under California… [read post]
31 Oct 2011, 11:51 am by Scott Shaffer
A few months after [Concepcion] was decided, Defendants filed the Motion to Compel Arbitration. [read post]
10 Apr 2014, 11:53 am by Pierre Bergeron
  The case has a complicated procedural backdrop, but the gist of the issue was whether a party to an arbitration agreement that was in the middle of an arbitration could effectively seek interlocutory judicial review during ongoing arbitration proceedings. [read post]
1 Oct 2009, 11:03 am
However, banning pre-dispute arbitration clauses, without addressing the government-forced arbitration clause for brokers, creates a one way street - customers can force brokers to arbitrate, but brokers cannot force customers to arbitrate. [read post]
13 Mar 2008, 7:32 am
MBNA invoked the arbitration clause in its account agreement, and the Second Circuit agreed the case had to go to an arbitrator. [read post]
2 Apr 2024, 5:00 am
The court noted that, even if a party has not signed an Arbitration Agreement, the party can be compelled to arbitrate under such an agreement based upon the law of agency and contract. [read post]
24 Jan 2010, 7:40 am
Although FINRA has again launched its "experimental" public arbitration pilot program allowing parties to be excused from the mandatory non-public, securities industry arbitrator required to render judgment on every arbitration panel deciding these claims involving more than $100,000, FINRA reports that of its qualified arbitrator pool, 43% or 2,696 of its qualified arbitrators are non-public arbitrators and are employed or have some… [read post]
20 Jul 2006, 4:05 pm
Brought to my attention by National Arbitration Forum Blog: New Cornell Study: Employment Disputes Resolved Better Through Arbitration. [read post]
22 Jan 2009, 4:17 am
The arbitration clause further provided that “all disputes including any Representative Claims against us…shall be resolved by binding arbitration only on an individual basis with you” and precluded the arbitrator from allowing any dispute to proceed as a class action, id. [read post]
21 Aug 2012, 7:30 am by ADR Times
Among these are that arbitrators “split the baby” and that arbitration is as costly and lengthy as litigation, but without the right of appeal. [read post]