Questions tagged [arbitration]
The arbitration tag has no usage guidance.
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 (...
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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) ...
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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. ...
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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 ...
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Do federal courts favor arbitration compared to state courts?
On OgleeTree.com I read this:
State courts historically have been more hostile to arbitration than
federal courts.
Do federal courts tend to favor arbitration over state courts? Aren't both federal ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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.
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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
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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 ...
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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 ...
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