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62 votes

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

They cannot force a contract on you after the fact. You should leave these numbskulls alone, they are clearly up to something that makes them likely to be sued. I am adding the following: it's not ...
Tiger Guy's user avatar
  • 7,042
49 votes
Accepted

How does SE's arbitration clause hold up under the GDPR?

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, ...
MSalters's user avatar
  • 5,659
43 votes
Accepted

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

Technically speaking, it's not illegal: spontaneously making a false statement to someone does not fall under any of Ohio's laws regarding fraud or the like. It also doesn't have any legal effect. ...
Mark's user avatar
  • 6,367
21 votes

What incentive does an arbitrator in retail or labor cases have to rule for the plaintiff?

They get paid either way I’m an arbitrator, adjudicator, and mediator and I’ll make this very clear: I don’t give a rat’s arse who wins. When I’m acting as a mediator I can go even further: I don’t ...
Dale M's user avatar
  • 211k
19 votes

What incentive does an arbitrator in retail or labor cases have to rule for the plaintiff?

In the legal system, it is bad for a judge's career to be overruled too often on appeal. An arbitrator can in some cases be overruled by a follow-up lawsuit. Is this their incentive? No. It is ...
ohwilleke's user avatar
  • 218k
16 votes

Could a contract make a Bible passage legally binding on the signers?

If Doe and Smith agree with your position that the church will be the arbitrator, they should go unto the church and get their problem resolved, which is in itself significant. If one of them rejects ...
user6726's user avatar
  • 215k
14 votes
Accepted

What prevents a business from disqualifying arbitrators in perpetuity?

CCP § 1281.6 provides that a party may petition the court for the appointment of an arbitrator, if the agreed method fails to appoint an arbitrator. Then under § 1281.91, one party may only disqualify ...
xngtng's user avatar
  • 6,093
14 votes

What incentive does an arbitrator in retail or labor cases have to rule for the plaintiff?

An arbitral award can only be enforced in accordance with an arbitration statute that makes it legally binding. It is invariably a feature of these statutes that an arbitrator must be impartial. For ...
sjy's user avatar
  • 9,178
9 votes

Can perjury apply to arbitration proceedings?

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", ...
user6726's user avatar
  • 215k
9 votes

What prevents a business from disqualifying arbitrators in perpetuity?

CCP 1281.91 prevents a business from disqualifying arbitrators in perpetuity. Contrary to your characterization, it does not allow the disqualification "without cause" of "an unlimited ...
bdb484's user avatar
  • 60.2k
8 votes

Could a contract make a Bible passage legally binding on the signers?

You can contract whatever you like As a dispute resolution clause it seems a bit unclear, particularly since I’m not sure what treating someone as a “Heathen man and a publican”. Since my local ...
Dale M's user avatar
  • 211k
7 votes
Accepted

Why do the litigants leave their paperwork as they exit on Judge Judy?

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 ...
BlueDogRanch's user avatar
  • 18.8k
7 votes

Why are there no public arbitration proceedings?

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 ...
Dale M's user avatar
  • 211k
7 votes
Accepted

Can a dispute resolution clause be set aside?

The clause refers to what might be a lawsuit, which can be adjudicated in appropriate government courts (cf. the choice of law clause), but instead would be submitted to an arbitrator. The contract ...
user6726's user avatar
  • 215k
7 votes

Could a contract make a Bible passage legally binding on the signers?

Similar Agreements Have Been Upheld The most commonly-cited case is Encore Productions, Inc. v. Promise Keepers, (D. Colo 1999) In this case, a federal district judge held that the following ...
Davislor's user avatar
  • 2,884
6 votes

Can perjury apply to arbitration proceedings?

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 ...
ohwilleke's user avatar
  • 218k
6 votes

Can a dispute resolution clause be set aside?

No Arbitration clauses are not just part of a contract, they are a contract in their own right: they can be upheld even if the arbitrator ultimately decides the contract they are in is invalid. This ...
Dale M's user avatar
  • 211k
5 votes

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 ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

how to prove perjury?

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 ...
user6726's user avatar
  • 215k
5 votes

How does SE's arbitration clause hold up under the GDPR?

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 ...
Maxime's user avatar
  • 802
5 votes

Declining Binding Arbitration of credit cards and banks (after sign up)

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 ...
BlueDogRanch's user avatar
  • 18.8k
5 votes
Accepted

Is arbitration possible for war damages?

Yes. Arbitration is a private, voluntary process, so two parties can agree to arbitrate virtually any dispute. However, because it is voluntary, Country B generally has no obligation to participate in ...
bdb484's user avatar
  • 60.2k
5 votes
Accepted

Is an Arbitration Agreement Binding on a New Owner?

In general, and in particular in New Jersey, a new owner takes possession subject to existing rental agreements, and in particular subject to existing leases, unless there is a provision in the lease ...
David Siegel's user avatar
5 votes
Accepted

Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?

The appellate court reviews based upon the trial court record. To the extent that it turns on questions of law, including interpretations of written documents whose authenticity is not in question, ...
ohwilleke's user avatar
  • 218k
4 votes

Public accommodation arbitrary refusal of service example?

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 ...
user6726's user avatar
  • 215k
4 votes

Why do the litigants leave their paperwork as they exit on Judge Judy?

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 ...
bdb484's user avatar
  • 60.2k
4 votes
Accepted

In English civil trial practice when does a barrister become involved?

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 ...
Patrick Conheady's user avatar
4 votes

Best way to provide video of landlord doing something he lied about not doing?

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 ...
Paul Johnson's user avatar
  • 13.5k
4 votes
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Sued outside a country

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 ...
ohwilleke's user avatar
  • 218k
4 votes

Can I appeal to the court against an arbitration?

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 ...
Dale M's user avatar
  • 211k

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