Questions tagged [arbitration]
The arbitration tag has no usage guidance.
57
questions
0
votes
0
answers
13
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 ...
- 541
1
vote
0
answers
41
views
How do you know if you live in a jurisdiction where an opt-out option in arbitration clauses are mandatory?
I've noticed in contracts with arbitration clauses, some offer opt-out of arbitration, some do not. This question notes this practice is because some jurisdictions require this, and it is simpler to ...
- 111
43
votes
5
answers
12k
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 ...
0
votes
2
answers
59
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 ...
- 1,466
2
votes
1
answer
73
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 ...
- 322
0
votes
3
answers
116
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 ...
- 111
0
votes
2
answers
91
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 ...
- 541
1
vote
3
answers
113
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 ...
- 907
-1
votes
1
answer
42
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 ...
- 85
0
votes
1
answer
27
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?
- 85
5
votes
2
answers
802
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 ...
- 85
0
votes
2
answers
55
views
What does "prior" mean in the context of an amended contract?
Consumer opens account A with a business in 2010 and signs contract A, which does not include an arbitration clause. Consumer opens account B in 2015 and signs contract A. Business amends contract A ...
- 541
1
vote
1
answer
55
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 ...
- 541
1
vote
1
answer
42
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 ...
- 541
5
votes
3
answers
1k
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 ...
- 19.8k
1
vote
1
answer
69
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 ...
- 541
1
vote
1
answer
75
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 ...
- 3,130
3
votes
1
answer
86
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 ...
- 541
0
votes
1
answer
74
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 ...
- 5,296
1
vote
2
answers
137
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 ...
- 447
0
votes
1
answer
30
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 ...
- 508
-1
votes
1
answer
41
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.
- 107
-1
votes
1
answer
133
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
...
user89
-1
votes
2
answers
100
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 ...
- 107
2
votes
1
answer
102
views
Can I appeal to the court against an arbitration?
If I have a dispute and arbitration is suggested, I have a number of questions:
Can I be compelled to arbitrate?
If I don't think the tribunal has jurisdiction, what can I do?
If I disagree with the ...
- 147k
1
vote
1
answer
99
views
Sued outside a country
What happens when you get sued for civil matters such as breaching employment contract in one country, after you have already left to another country for good?
What is the general protocol for these ...
- 115
1
vote
1
answer
139
views
Impossible-to-satisfy requirements for opting out of arbitration
I recently started using an online service whose Terms of Use include a mandatory arbitration provision. The terms include the statement
You can opt out of the arbitration and class action waiver ...
- 111
4
votes
1
answer
91
views
Declining Binding Arbitration of credit cards and banks (after sign up)
Recently Chase was making a change to its user agreement and was automatically assuming your consent to abide by binding arbitration unless you opted out explicitly by sending them a snail mail with a ...
- 151
1
vote
2
answers
84
views
What happens if someone knowingly accepts a contract with some invalid terms?
A dispute arose between me and my ex-landlord. Before any litigation, I told him the things I expected that he wasn't doing. His response was to agree to do them, provided I would agree to various ...
- 425
1
vote
1
answer
109
views
Best way to provide video of landlord doing something he lied about not doing? [closed]
I lived in a rental home where my landlord lived in the same building. The landlord had this notion he could "immediate evict" anyone. He told me if I wasn't out he would replace the locks and remove ...
- 425
0
votes
1
answer
77
views
Looking for any case that connects an assault and the signing of arbitration agreements, possible duress
Heading off the obvious response; I have already tried multiple search engines. There is so much "noise" from unrelated cases that I can't find what I'm looking for with a simple web search. I'm ...
1
vote
1
answer
57
views
Public accommodation arbitrary refusal of service example?
This is maybe nothing but stupidity on my end...but;
Fitness center with tanning in Wisconsin.
Went to tan as have done before, worker asked if I had protective eyewear (law to have in Wi) to which I ...
- 11
0
votes
2
answers
81
views
If a Lawyer holds back evidence
My question is if a Union Lawyer holds back evidence from his client which is damaging to his clients defense in a Arbitration case and then admits in the Arbitration Hearing he was well aware of the ...
- 1
1
vote
1
answer
157
views
Is mandatory binding arbitration enforceable if the contract violation is also a criminal violation
Given a standard contract between companies that include mandatory binding arbitration for any contract disputes: Is arbitration still mandatory when the contract violation is also a serious criminal ...
- 113
0
votes
1
answer
51
views
Is there any way to know (in advance) if a particular arbitrator is fair?
I take my car to a mechanic near my home for service. Each time I do, the shop creates paperwork that includes an arbitration agreement that specifies a particular arbitrator.
It seems plausible to ...
- 179
-1
votes
1
answer
39
views
Confidentiality of an arbitration award [closed]
Namely, I come from a continental law system, that has not yet fully accepted arbitration as a method of the ADR, so I could not find any valuable information.
Could you help me and point out to ...
0
votes
1
answer
136
views
consumer demand for arbitration with AAA: what are the first steps when fee paid by business?
Quick summary
How does a consumer file a demand for arbitration to AAA, when the fee is covered by the business?
Context
Some terms of use for business services impose to the consumer the use of ...
- 125
0
votes
1
answer
79
views
What does it mean "attempt arbitration"?
Today there was an article on CNN about some kind of employee abuse case that referred to attempting arbitration. I couldn't find the article again to link to it but I found a lot more references to ...
- 230
1
vote
2
answers
46k
views
Why do the litigants leave their paperwork as they exit on Judge Judy?
On TV's Judge Judy, at the ruling of a case, each litigant is required to leave their paperwork as they exit the courtroom. This is especially notable because in nearly every case, both parties ...
59
votes
2
answers
5k
views
How does SE's arbitration clause hold up under the GDPR?
Today the new Terms of Service of Stack Exchange have been released, sparking a lot of unrest about its arbitration clause; see the comments and answers on the linked meta above, and also this ...
- 675
1
vote
0
answers
37
views
How do opt-outs impact enforceability of an arbitration clause? [duplicate]
In the United States how does providing the opt-out option help prevent a mandatory arbitration clause in a standard consumer contract from being unenforceable?
- 328
2
votes
2
answers
131
views
Breach of Contract
Could a material breach of contract be used to get an arbitration agreement thrown out? If so, how significant of a contractual breach would be required. I’m looking for a hypothetical example or ...
- 328
3
votes
1
answer
155
views
Why Offer Arbitration Opt-Out
As I understand it, in the United States there is no legal obligation for a company to offer its customers the opportunity to opt-out of their arbitration agreement. So why do some companies offer ...
- 328
1
vote
1
answer
60
views
How do I dispute a correction after buying a car that was not as advertised?
I recently bought a 2014 Toyota Prius c in Ogden, Utah, USA. It was listed on the dealership's site and sold to me as a Prius c Four, which is the high-end trim with features like a reverse camera, ...
- 249
1
vote
3
answers
230
views
Arbitration - what can be made public
I have read that arbitration proceedings and decisions are private. I have not seen any reference regarding what information can be made public before, during and after the process: Filing and ...
- 133
3
votes
2
answers
144
views
Arbitration OptOut
In the United States, is it required by law for a company offering a long term service contract to include an option to opt-out of their arbitration agreement, if the customer chooses to exercise that ...
- 328
1
vote
1
answer
663
views
how to prove perjury?
How is perjury proved in a rental arbitration hearing? The testimony is sworn. Of course, people make mistakes, mis-speak etc. But if verbal sworn evidence is self-contradicting does rise to the ...
- 125
0
votes
1
answer
65
views
Class action arbitration agreement
Is it possible to have a class action if customers have agreed to a arbitration clause forbidding class action? Is their a way around the arbitration agreement? Does the arbitration agreement cover ...
- 328
0
votes
1
answer
62
views
Want to learn more about arbitration - recommend books?
I don't know very much about how this works in practice in, say, the United States.
Roughly, my understanding is that there are party-appointed arbitrators and list-appointed arbitrators. But I don't ...
- 109
1
vote
2
answers
82
views
When parties settle without going to court, what prevents from suing for same thing?
Say party X wants to sue party Y for $500 in damages. If, after some negotiation, party Y agrees to pay party X $400 if they don't go to court and make things quick and easy and party Y agrees. What ...
- 33