Arbitration clause

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    Reasonover is not bound to the clause. The Federal Arbitration Act regulates arbitration of disputes which are subject to arbitration clauses. Even though the FAA has put in place a policy favoring arbitration, it is first necessary to determine whether the parties actually entered into an agreement to arbitrate disputes. Reasonover subscribed to a seven day trial period with Clearwire. The modem was shipped to her via FedEx, however when the package was attempted to be delivered she was not home so FedEx held the shipment for her. Because of this Reasonover was not able to pick up the modem before the free trial concluded. Once Reasonover was able to retrieve the modem she attempted to install it but was only able to get “one green…

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    Sources: (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. Summary: This article is written by Jessica Silver-Greenberg and Robert Gebeloff, who are both reporters for The New York Times. It is argued that…

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    COMPEL ARBITRATION On March 2, 2015, ENH filed a motion to compel arbitration against numerous MCO’s, including APS. The basis of the motion is that the contracts between the MCO’s named in the motion and EHN contain an arbitration clause that requires EHN and the MCO to submit their disputes to arbitration. Plaintiffs’ class counsel, Matthew E. Van Tine, filed a brief in opposition that argued that, because this case involves an anti-trust claim, it is not the type of dispute anticipated…

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    Employers seeking alternatives to jury trials have traditionally looked to arbitration agreements. It is clear from my research the that Federal Courts will not permit states to constrict arbitration, and they will enforce arbitration agreements in all but the rarest circumstances, no matter how much advantage they give to the stronger parties. I agree with the legal trend that is visible in state and federal case law, to the extent that it has grown tremendously since the FAA was enacted, but I…

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    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…

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    Hialeah, 2014). The court argued that each of the three arbitration clauses, called for different dispute resolutions, which were contradictory to each other. One arbitration clause called for dispute by jury waiver, while another called for arbitration by a single arbitrator, and yet another required arbitration by a panel of three arbitrators. Furthermore, the court stated, “there was no meeting of the minds with respect to the terms by which [the dealership] intended the parties to be bound”…

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    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…

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    Keywords: mediating employment disputes, resolving employment disputes, the case for dispute resolution clauses in contracts, You can avoid disputes in business relationships 250 words 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…

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    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…

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    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…

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