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Questions tagged [arbitration]

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61
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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 ...
4
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1answer
49 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 ...
3
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1answer
113 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 ...
3
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1answer
117 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 ...
2
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2answers
102 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 ...
2
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2answers
125 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 ...
1
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2answers
8k 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 ...
1
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1answer
504 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 ...
1
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1answer
76 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 ...
1
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1answer
96 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 ...
1
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1answer
46 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 ...
1
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2answers
57 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 ...
1
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1answer
470 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-...
1
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1answer
181 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 ...
1
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2answers
74 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 ...
1
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1answer
91 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 ...
1
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1answer
136 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 ...
1
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1answer
46 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, ...
1
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0answers
33 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?
0
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2answers
64 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 ...
0
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1answer
55 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 ...
0
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2answers
140 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 ...
0
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1answer
60 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 ...
0
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1answer
41 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 ...
0
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1answer
102 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 ...
0
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1answer
65 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 ...
0
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1answer
46 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 ...
0
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1answer
56 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- ...
0
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2answers
226 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 ...
0
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0answers
26 views

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 ...
0
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1answer
144 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 ...
-1
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1answer
35 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 ...
-1
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1answer
826 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, ...