(3) Silver-Greenberg, J., & Gebeloff, R. (2015, November 1). Arbitration Everywhere, Stacking Deck of Justice. The New York Times. Retrieved October 30, 2016, from http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?oc=00240&hnsd=f&hgn=t&lni=5H8R-MRG1-JBG3-608D&hns=t&perma=true&hv=t&hl=t&csi=237924&secondRedirectIndicator=true.
This article is written by Jessica Silver-Greenberg and Robert Gebeloff, who are both reporters for The New York Times. It is argued that credit card contracts that include arbitration clauses prevent customers from joining together in class-action lawsuits, disabling them from challenging the company’s practices. Because many Wall Street corporations in effect have banned class-action lawsuits, with the aid of Alan S. Kaplinsky, many customers have dropped cases against them, since the cost of arbitration would exceed the monetary award, even…
with regards to confidentiality and misconduct of arbitrators in international arbitration.
Arbitration compared to litigation has proven to be a preferred means in resolving commercial disputes because of its privacy and confidentiality. This is a principle which is widely recognized, however, different jurisdictions like that of Australia and England have different approaches to confidentiality. This is demonstrated in the English case of Emmott v Michael Wilson and the Australian case of…
Keywords: mediating employment disputes, resolving employment disputes, the case for dispute resolution clauses in contracts, You can avoid disputes in business relationships
The Advantages of Mediating Employment Disputes
Employment disputes are inevitable in any business. Common employment disputes involve wrongful termination claims, discrimination and harassment allegations, and conflict between employees. These disputes are damaging to the business and the employee alike. By…
international commercial arbitration has become the effective mechanism to resolve disputes between foreign parties, especially in the business community. Besides, nowadays many parties turn to use the arbitration proceeding as an optional method for solving the conflict instead of litigation. This is because the parties need to escape from the national courts, which may postpone procedural dispute. Compared with the arbitration procedure that offers more flexibility, neutrality, finality and…
Consolidation under institutional rules in two-party arbitration
Table of Contents
I. Introduction 1
II. Court ordered consolidation 2
III. Consolidation under institutional rules 5
A. Common provisions 6
B. Criteria used 7
(i) Link between the cases – same legal relationship 7
(ii) Compatibility of the agreements 10
C. Relevant circumstances 11
D. Different arbitrators have already been appointed 11
IV. Conclusions 13
A. Increasingly important role of institutions 13
B. Institutional rules…
In arbitration, the parties are required to conform to the rules governing the process and include accepting the imposed decision by the arbitrator. This process is disadvantageous as compared to a litigation process because it conforms to the same procedure but with dire consequences. A binding arbitration is without an appeal and its ruling is final despite the objections of either party.
Under the law, fraud entails any deliberate deception for self gain (Alghamdi, 2011). Using the evidence…
Mfg. Co. v. Zippo Dot Com, Inc. for determining whether a business that has Internet contact with a plaintiff in a different state satisfies the minimum-contacts standard. This sliding scale is consistent with well-developed personal jurisdiction principles” (Dynamic Business Law, 2016).
Therefore, I do think an Alternative dispute resolution (ADR) may be an option to resolve this dispute. In doing an ADR, both parties are looking for a resolution of the legal disputed, through methods such as…
com, 2016). The article goes on to inform us that the purpose of this court case was to introduce a uniform statute of limitations for sales contracts, thus eliminating the jurisdictional variations and providing needed relief for concerns doing business on a nationwide scale whose contracts have heretofore been governed by several different periods of limitation depending upon the state in which the transaction occurred (courtlistener.com, 2016). The perception I gather was the understanding…
4.4 Advantages Of Questionnaires
1. Less Cost And Expenditure- The questionnaire is not as costly as that of other methods. The only expenses it incurs are that of postage and getting the questionnaire prepared. The researcher does not incur costs on travelling and meeting people.
2. Possible To Cover Large Area- If the respondents are scattered over a wide geographical area, Questionnaire method can be used. The investigator has to send the questionnaires by post and he gets the replies.
Can an argument be made that alternative dispute resolution diminishes our constitutional rights to a fair trial? Compare and contrast the fairness between a civil trial court decision and a decision reached by a single mediator in a binding mediation.
The fairness of a civil trial decision and a mediation decision has many differences, such as who makes the decision and whether or not there is a right of appeal. The fairness of a civil trial decision includes a judge, jury, a winner and a…