Questions tagged [arbitration]
The arbitration tag has no usage guidance.
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Sulamerica three step approach
I am looking for cases where courts or tribunals have applied the three step approach (established in the Sulamerica case) to determine the law governing the arbitration agreement.
I have found ...
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1answer
41 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 ...
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2answers
61 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 ...
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1answer
124 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 ...
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1answer
37 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 ...
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1answer
31 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 ...
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1answer
72 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 ...
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1answer
53 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 ...
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2answers
4k 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 ...
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2answers
4k 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 ...
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0answers
32 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?
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2answers
64 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 ...
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1answer
107 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 ...
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1answer
39 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, ...
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1answer
113 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 ...
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2answers
91 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 ...
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1answer
381 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 ...
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1answer
52 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 ...
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1answer
39 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 ...
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2answers
71 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 ...
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1answer
601 views
What is the difference between a “broad” and “narrow” arbitration agreement?
For instance, if a contract calls for arbitration, but is hedged with numerous caveats and contingencies, does that make the agreement over arbitration narrow? If the contract calls for arbitration, ...
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1answer
39 views
India/Japan: Validity of Indian Notarised Agreement in Japan
An agreement between two parties (one from India and one from Japan) is notarised in India. As per the terms of the agreement the arbitration (if the need arise in future) venue would be Japan.
1- ...
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2answers
118 views
Does cashing a check prevent the ability to pursue a company for a related contractual amount?
Backstory:
06/05/2017: Here is the relevant post for some additional clarity on the matter: Arbitration Clause Account Credits vs Money Stipulation.
I went through arbitration with a company after ...
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2answers
170 views
How does one supreme court case set the standard for all following cases?
I was reading about forced arbitration clauses, or class action wavers, which are a type of contract of adhesion which can come with some products and services. Historically, these were deemed ...
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1answer
379 views
Pros and cons of binding arbitration vs. court of law?
Some websites specify in their terms of service that disputes shall be resolved by binding arbitration rather than by going to court. What is the pros and cons of specifying binding arbitration vis-a-...
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1answer
144 views
Under English law, what limitations apply to arbitration of civil disputes?
Under U.S. law, almost all kinds of disputes between people who have contractual relationships with each other can be subject to binding arbitration with no appeal right or class action rights through ...
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1answer
103 views
In English civil trial practice when does a barrister become involved?
In U.S. civil trial practice, the same legal professional, an attorney, or firm of legal professionals, usually handles a case from first client contact through trial and often appeals (if any) as ...
