48

Not going to hold up. Dutch Supreme Court confirmed 2012-09-21 in LJN BW6135 that arbitration is still covered by the the right to an independent judge, as established in Golder v UK, ECHR 1975-02-21, nr. 4451/70. Stack Exchange can't decide the rules themselves. (The Dutch case confirms that sector-wide arbitration is in fact legal, with regard to a ...


10

RCW 7.04A.170 states that "An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths", also "All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a ...


7

Judge Judy is not a real judge; it's a TV show where the "litigants" sign contracts to enter into arbitration (Wikipedia) on the show in the format of court proceedings. The participants' travel expenses are paid by the show, as are the monetary settlements. The papers that can't be removed could be anything: their contracts for the show, the settlement ...


7

Because they are private Not private in the sense of confidential, although many are confidential (if agreed by the parties) and the arbitrator is always under a duty of confidence. Rather, private in the sense that they are conducted by private people and organisations who have no obligation to publish or publicise the results. Since most people pay on the ...


6

What's the reality? There is great diversity in how arbitration proceedings are conducted (as another answer notes, there are also lots of forms of ADR, especially mediation, that don't involve testimony at all). It isn't unusual for testimony that is sworn, or made under penalty of perjury to be used in arbitration, although it is not a universal practice. ...


5

Laws criminalizing perjury are not about being mistaken or less believable in your testimony. The crime is, very narrowly, stating something which you do not believe to be true, while under oath. If you make a statement that happens to be untrue but you believe it is true (you are mistaken), that is not perjury. In the US, moreover, you have to assert ...


4

Union contracts very specifically spell out what work is to be done by whom, and the job of taking props on and off the set is a job for a certain person. It seems like a very small thing, but it can turn into a serious labor dispute if you start letting other people do work that belongs to someone else under your collective bargaining agreement. I don't ...


4

It is entirely legal to discriminate on arbitrary grounds. What is not legal is to discriminate on the basis of a protected category, for example race. The law say that you cannot favor or disfavor a customer because of their race. Federal law specifically prohibits discrimination on the basis of race, color, religion, or national origin, but not age or ...


4

The French 'Cour de cassation', highest level of jurisdiction for civil cases has judged this week in a similar case that a clause forcing a customer to go through arbitration was not enforcable. So even without GDPR, there is a strong case to say that this clause invalid in Europe (at least in the EU)


4

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 option? No. (There may be isolated exceptions to this principle for very particular kinds of services, but the exceptions are rare and this is not the ...


4

I don't know Canadian rental law, but as a general rule in civil cases you don't get to play Perry Mason and bring in evidence at the last minute. If you have evidence that the landlord broke the law then disclose it immediately and use it to pressure him into settling. His later lies to you are less important than the fact that he broke the law in the first ...


4

Is there a way to specifically reach out to these card providers and opt-out of the binding arbitration? Sure, you can write and ask. But you've signed a binding contract to open an account (or accepted new terms for an existing account) that has a binding arbitration clause in it. Both parties have to agree to renegotiate a contract. Why would a bank ...


4

In the absence of an agreement to the contrary, you could usually be sued in the jurisdictions where the events giving rise to the claim took place, if you were personally served with process anywhere in the world in a procedurally correct manner. If this happens and you default or fail to cooperate in the judicial process, you will probably have a judgment ...


4

Different jurisdictions have different laws about arbitration and there can be a distinction between domestic and international arbitration. Notwithstanding, most jurisdictions use the United Nations Commission on International Trade Law UNCITRAL Model Law on International Commercial Arbitration as the basis for their domestic law so there is a lot of ...


4

This is the earliest dispute resolution clause I can find for Patreon. Some points to note: It calls up (as do all subsequent revisions) JAMS Streamlined Arbitration Rules & Procedures, These allow the consolidation of arbitration’s between different parties over the same issue, Patreon’s liability is limited to the amount collected from the particular ...


3

Companies that operate worldwide have to comply with the law everywhere they operate. Some jurisdictions consider mandatory arbitration in standard-form consumer contracts to be unenforceable - providing the out may overcome this.


3

Usually web site owners will prefer arbitration and people who would potentially sue web site owners will prefer a court forum, but this is only a typical situation and not a die hard rule for all circumstances. Features of arbitration: Binding arbitration is not subject to appeal so it tends to favor repeat, low stakes litigators over one-time high stakes ...


3

It is not true to say that there is "only minimal regulation" of arbitration in the US: arbitrations are conducted under law, usually the Federal Arbitration Act but sometimes equivalent state laws and must be conducted in accordance with the rules agreed to by the parties. Further they can be appealed, however, the grounds for appeal are ...


3

Barristers are advocates, and their other roles fall out of that core role. I think of it this way: your solicitor takes care of your legal risk; your barrister is the 'big gun' you bring in for specific important legal advice and to represent you in person. I'll give you my experience from the perspective of working in a large government agency. For us, '...


3

A promise that a court would not enforce by injunction can still be valid consideration and be part of a valid contract. Failure to carry out such obligations would lead to some measure of money damages, most likely. On the other hand, provisions specifically barred by law, or against public policy, such as a promise to commit a crime, are void from the ...


3

No. Arbitrating rather than litigating when not required to do so by contract is almost never considered to be a legally compensable harm as a result of pro-arbitration legal policies. The consumer would be required to continue arbitrating and couldn't change course at that point. In practice, this fact pattern is unlikely, because the consumer needs the ...


2

But even then, to my understanding, a contract can't prohibit a party from seeking legal remedies. You are mistaken. A contract settling a bona fide dispute regarding people's legal rights can mutually (or unilaterally for that matter) release or waive their legal rights. In fact, a waiver or release of rights is routinely a part of a settlement agreement....


2

The answer is unclear, but only minimally. There is a trio of cases now being considered by SCOTUS, pertaining to the Federal Arbitration Act and its interaction with the National Labor Relations Act. Since the federal government doesn't get to totally write the law for everything, the FAA applies only to transactions covered by the Commerce Clause. As a ...


2

See Suarez et al vs. Uber Technologies, Inc. An arbitration clause with a 30-day opt-out was upheld by a federal court in Florida, with the court citing the opt-out as one reason why it could be upheld. From reading the case, it would seem that it is partially dependent upon the underlying contract law of the state determining whether a clause is ...


2

It seems plausible to me that the arbitrator gets a lot of business from such agreements and therefore would have a lot of trouble remaining impartial. As an empirical matter this is correct. This has been demonstrated, for example, in securities arbitration and in consumer contract arbitration. Links to a three part New York Times series in 2015 on ...


2

Under U.S. law, the answer is no. You can defeat an arbitration agreement on the grounds that the contract containing an arbitration agreement was not entered into in the first place (e.g. the person who signed the agreement was not you but was instead another person whose name is also John Lee who also lives in Los Angeles, but is ten years older than you; ...


2

The rules do not give any guidance on important non-procedural elements: the standard of proof (is it akin to civil? criminal?), determination of relevant law, what cases can be cited, admissibility of evidence, etc. Where can I find answers to these questions? Generally, arbitrators apply the substantive law of the jurisdiction applicable to the dispute, ...


1

Does committing an assault against someone earlier the same day mean they're under duress for contract purposes? I am having trouble finding the actual citation and any documents about the ruling. The results of this query might help. The lack of detail in your question makes it impossible to further narrow it down from the 52 opinions currently listed. ...


1

If I understand correctly, your question can be reworded as: Is it detrimental to a client if his attorney admits he concealed from Arbitration evidence that is adverse to the client's position? Concealment and its subsequent admission can be detrimental to the client, and outlining a scenario therefor is not far-fetched. Whether or not it truly will be ...


1

No A lawyer will see mountains of evidence that their client doesn't see - one of the reasons you hire a lawyer is so that they can deal with the evidence so you don't have to. Also, much of the evidence in an Arbitration case will be "damaging to his client's defense" - if everyone agreed on what happened and how the law works on what happened you wouldn'...


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