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Questions tagged [arbitration]

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Can i be sued when im just getting back on my feet [closed]

im being sued for becoming default on truck payments because during covid i became homeless ended up living in my truck with 3 children n then was gifted a camper we lived in camper for a year with no ...
Jamie Hell's user avatar
2 votes
1 answer
55 views

Rights & Remedies Clause Cancels Arbitration Clause?

My Internet Service Provider TDS has a clickwrap contract. Two of the clauses seem to conflict. Does 12.3 give back a right that TDS gave up in 10.2? I'm bringing them to arbitration for other reasons....
Ed G's user avatar
  • 21
1 vote
1 answer
89 views

Extensions of time to respond

Is an extension of time to file a response something that is available in the case of a petition to confirm arbitration award?
JDWhippingBoy's user avatar
3 votes
1 answer
281 views

Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?

Appeals of an arbitration award are reviewed de novo. Does the same apply to the denial of a Motion to Compel Arbitration? In other words, if the trial court denied a motion to compel arbitration, is ...
1000K's user avatar
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0 votes
1 answer
172 views

When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides - the Court or the Arbitrator?

Courts are required to enforce arbitration agreements according to their terms. But what if the parties dispute whether a contract containing an arbitration agreement expired? Does the court or the ...
S.O.S's user avatar
  • 601
2 votes
2 answers
111 views

Waiver of a Right During Appeal When the Lower Court Rules that such a Right Does Not Exist?

Let's say two parties enter into an arbitration agreement and one of the parties seeks to enforce the arbitration agreement while the second party seeks to annul it. The two parties appear in court ...
S.O.S's user avatar
  • 601
1 vote
1 answer
74 views

What are the limits of removing judicial recourse through arbitration clauses?

Suppose a FINRA-regulated financial institution is notorious for littering its service agreement with purportedly binding arbitration clauses, but then exercises a policy that amounts to depriving a ...
UBSOS23's user avatar
  • 51
-1 votes
1 answer
99 views

Arbitration : The Severability Doctrine

User Dale M. wrote the following response on SE: An arbitration agreement in a contract is severable I.e. it is an independent contract and remains valid (assuming it is valid) even if the primary ...
S.O.S's user avatar
  • 601
0 votes
1 answer
86 views

Are arbitration agreements subject to a 6 year statute of limitations in NJ?

Generally, breach of contract in New Jersey must be filed within six years of the date the cause of action accrues. Does this apply to enforcement of arbitration agreements?
S.O.S's user avatar
  • 601
1 vote
2 answers
123 views

Can an arbitration agreement take on retroactive force?

Suppose Party B signs a one year contract with a binding arbitration agreement to rent commercial space from Party A. As part of the agreement, Party B agrees to pay $2,000 a month rent to Party A (...
S.O.S's user avatar
  • 601
1 vote
1 answer
125 views

What is "look through" analysis?

For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction. Federal court retains subject matter jurisdiction via 1) federal question jurisdiction or 2) ...
S.O.S's user avatar
  • 601
1 vote
1 answer
83 views

Diversity of Citizenship in Federal Court Jurisdiction?

According to this thread, one of the three criteria in filing suit to compel arbitration in federal court is diversity of citizenship. Suppose Party A enters into a business contract with Party B. ...
S.O.S's user avatar
  • 601
17 votes
4 answers
2k views

What incentive does an arbitrator in retail or labor cases have to rule for the plaintiff?

When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant. I have seen it ...
Joshua Fox's user avatar
0 votes
0 answers
80 views

Filling a double lawsuit to compel arbitration in both state and federal court?

Federal courts are authorized to hear cases when the case involves federal question jurisdiction. State courts, on the other hand, are authorized to hear civil cases when the case involves state law. ...
S.O.S's user avatar
  • 601
4 votes
2 answers
172 views

What are the criteria to file a suit to compel arbitration in federal court?

The Federal Arbitration Act (FAA) is the federal law that governs arbitration. It is possible to petition the state or federal courts to compel arbitration. Filing in federal court is ideal, since ...
S.O.S's user avatar
  • 601
1 vote
2 answers
178 views

What's the difference between a petition vs. declaratory judgment action?

An article by WikiHow states: Many people are familiar with responding to a lawsuit with a motion to compel arbitration. However, you can also file a petition to compel even when no lawsuit is ...
S.O.S's user avatar
  • 601
0 votes
1 answer
115 views

What is the procedure of filing a complaint to compel arbitration?

When two parties disagree whether an arbitration agreement is binding, the party seeking to compel arbitration does not need to wait for the other party to bring a suit against them in court to file a ...
S.O.S's user avatar
  • 601
-1 votes
1 answer
121 views

Filling a complaint to compel arbitration?

The concept of filling a motion to compel arbitration in response to a lawsuit is well known. Less known is the option of filling court proceedings to compel arbitration as a complaint - even when no ...
S.O.S's user avatar
  • 601
1 vote
3 answers
110 views

Can an Employer Enforce Arbitration After the Expiration of a Contract in NJ?

Suppose an employer hires an employee for exactly one year and terminates the employee after the year is over. During the year the contract was in effect, their relationship was governed by an ...
S.O.S's user avatar
  • 601
10 votes
2 answers
2k views

What prevents a business from disqualifying arbitrators in perpetuity?

In California, any party may disqualify a arbitrator within 15 days of receipt of their disclosure form. CCP 1281.91. The right to disqualify is absolute, may be exercised without cause, and an ...
Josh Johnson's user avatar
3 votes
1 answer
178 views

Is a firm required to arbitrate disputes arising after the expiration of employment contract?

Suppose an employee is hired by a firm for a period of one year. After the first year the employee may continue working for the company, until terminated, as an at will employee (For simplicity, let’s ...
S.O.S's user avatar
  • 601
-1 votes
1 answer
91 views

Format of a Motion to Stay Case Pending Arbitration?

This response on SE states that a motion consists of the following components: motion header; the facts on which your motion is premised; the relief you expect from that motion; a brief, where the ...
S.O.S's user avatar
  • 601
1 vote
1 answer
268 views

Arbitration: Favored Way of Resolving Disputes or Equal Footing?

In a recent answer on SE @ _ohwilleke writes: that the case law does make clear that the standard to apply the arbitration clause is relatively modest especially where one party has signed the ...
S.O.S's user avatar
  • 601
1 vote
1 answer
93 views

Is an Arbitraton Agreement Binding During a Month to Month Tennacy in NJ? [closed]

Suppose that a tenant, T, has been renting an apartment for several years in NJ. The initial term of the lease was for 1 year and then converted into a month to month tenancy after the first year. The ...
S.O.S's user avatar
  • 601
2 votes
1 answer
104 views

Is an Arbitration Agreement Binding on a New Owner?

Suppose that a tenant, T, has been renting the basement of a two unit home for several years in NJ. The initial term of the lease was for 1 year and then converted into a month to month tenancy after ...
S.O.S's user avatar
  • 601
1 vote
1 answer
55 views

Class-action arbitration versus class-action lawsuit

The Steam Subscriber Agreement has an interesting clause in its "Dispute Resolution/Binding Arbitration/Class Action Wavier" section: If any part of Section 11 (Dispute Resolution/Binding ...
Mark's user avatar
  • 6,367
12 votes
4 answers
4k views

Could a contract make a Bible passage legally binding on the signers?

Suppose John Doe and James Smith, who are both Christians and members of the same church, sign a contract including the following clause: Any disputes between John Doe and James Smith shall be ...
Someone's user avatar
  • 17k
2 votes
1 answer
99 views

Does the California Arbitration Act apply to arbitrations between an in-state consumer and an out-of-state business?

Under California Code of Civil Procedure section 1281.97, in any “consumer arbitration” that requires the drafting party to pay fees and costs “before the arbitration can proceed,” if those fees or ...
Josh Johnson's user avatar
43 votes
5 answers
13k views

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

A few days ago I bought over-the-counter goods from a shop. There was no signature involved in this purchase. I walked up to the counter with off-the-shelf items, was asked for a phone number, paid in ...
when squared equals a negative's user avatar
0 votes
2 answers
65 views

Arbitration clause specifies arbitrator needs to be approved?

Is it normal in a arbitration clause to see that the arbitrator has to be acceptable to the contractor? IN THE EVENT THAT THE CONTRACTOR AND THE OWNER CANNOT AGREE THAT THE SETTLEMENT OF THE ...
Evan Carroll's user avatar
  • 2,139
2 votes
1 answer
95 views

UK: Can Islamic Shariah Councils act as binding arbitrators?

Could marriage be considered as a civil contract between two parties which defer to specific kind of arbitrators in case of disputes, giving up their right to judicial review, in a fashion similar to ...
ksinkar's user avatar
  • 312
0 votes
3 answers
121 views

Is arbitration possible for war damages?

Let’s say I am citizen of country A and own a company there worth one billion USD. Neighbouring country B invades country A in violation of international law. In the course of the war, large parts of ...
lejonet's user avatar
  • 111
0 votes
2 answers
198 views

Can an arbitration award be vacated for manifest disregard of the evidence?

A AAA arbitration over a credit card billing dispute between a consumer and a bank concluded recently. The consumer "won", in the sense that he obtained equitable relief, but lost, in the ...
Josh Johnson's user avatar
1 vote
3 answers
263 views

Why does an arbiter's decision need to be based in law?

There's a Youtube series I watch called LegalEagle where an attorney provides legal input on a variety of things from pop culture. In this episode, he reviewed an episode of Always Sunny where the ...
Pyrotechnical's user avatar
-1 votes
1 answer
50 views

Arbitration and GDPR

Arbitration allow a both parties to settle the dispute outside the court where the arbitrator would decide the law to b e applied to the dispute?. However, arbitration will not exempt their ...
snowball's user avatar
0 votes
1 answer
32 views

Arbitrator and choice of law

Given the arbitrator is in California, and the dispute is related to say Consumer protection issues in UK, what will be the choice of law during arbitration process?
snowball's user avatar
5 votes
2 answers
830 views

Can a dispute resolution clause be set aside?

In relating to an international contract that includes a provision that in 'All dispute in relation to user agreements will be referred to California by Arbitration My question : If the disputes ...
snowball's user avatar
0 votes
3 answers
160 views

Can a consumer arbitration agreement be applied retroactively?

A consumer has two credit card accounts with a bank: Account A (opened in 2010) and Account B (opened and closed in 2017). In 2019, the bank amends the cardmember agreement for Account A to introduce ...
Josh Johnson's user avatar
1 vote
1 answer
59 views

Is a party liable for damages stemming from contract concealment?

Suppose a consumer signs contract of adhesion with corporation. Corporation represents that the contract will be available online at any time. Consumer doesn't make a copy, based on that ...
Josh Johnson's user avatar
1 vote
1 answer
86 views

Is arbitration an "action or proceeding"?

Section 1681h of the Fair Credit Reporting Act grants limited qualified immunity to creditors, stating that: [...] no consumer may bring any action or proceeding in the nature of defamation, invasion ...
Josh Johnson's user avatar
4 votes
3 answers
2k views

Can perjury apply to arbitration proceedings?

Can guilt for the crime of perjury apply outside of judicial or other government proceedings? The answer to this very general form of the question seems to be no. Affirming that answer: It appears ...
feetwet's user avatar
  • 21.8k
1 vote
1 answer
76 views

Why are there no public arbitration proceedings?

Despite the ubiquity of binding arbitration clauses in consumer contracts, I am unable to find a single example of an actual consumer arbitration proceeding (emails, exhibits, hearing, etc.). This is ...
Josh Johnson's user avatar
1 vote
1 answer
207 views

If a company fails to abide by its own arbitration agreement, does that invalidate the agreement?

Recently, a certain cell phone company changed its terms of service from "your only recourses are arbitration or small claims court" to "your only recourse is arbitration." Since ...
SegNerd's user avatar
  • 5,153
2 votes
1 answer
129 views

What law is applicable in arbitration?

I am representing myself in arbitration proceedings against a large business. The American Arbitration Association is orchestrating the proceedings and has stated that the Consumer Arbitration Rules ...
Josh Johnson's user avatar
0 votes
1 answer
83 views

Nonbinding Arbitration

Florida law requires nonbinding arbitration for some classes of common issues that would clog the courts. It is my understanding that arbitration is a preliminary 'preview' as to what formal ...
gatorback's user avatar
  • 7,159
1 vote
2 answers
201 views

Could Sargon of Akkad-related compensation claims damage/ruin Patreon?

In 2018, Patreon removed content creator Carl Benjamin (Sargon of Akkad) from their platform over violations of their terms of service by using racial and homophobic slurs. Recently, calls seem to ...
Drubbels's user avatar
  • 467
0 votes
1 answer
35 views

Is a decree of civil court mandatorily required to be executed in common law juridictions?

In short, my question is that are execution proceedings mandatorily required to be concluded before a decree holder may enjoy the fruits of his decree against the judgment debtor OR are execution ...
Love Bites's user avatar
-1 votes
1 answer
43 views

Where/How can I find law abiding non-lawyers to provide high-quality information and assistance for pursuing a California arbitration case?

The reason for choosing a non-lawyer rather than a lawyer is to reduce fees.
zylstra's user avatar
  • 107
-1 votes
1 answer
147 views

How is it ethical for clients to instruct their lawyer to deliberately lose their case?

I transcribe Toby Landau BA BCL (First Class Honours) (Merton College, Oxford) QC's answer at 84:16. My funniest case probably was my first ever international arbitration, which is a 84:23 ...
user avatar
-1 votes
2 answers
331 views

Is it legal for a non-lawyer to help another party with their California arbitration case?

With the cost of lawyers being exorbitant in most cases, what alternatives are there for people who are willing to pay a reasonable amount for help navigating the process of arbitration? Presumably I ...
zylstra's user avatar
  • 107