Arbitration

Yes, I would advise employers to use arbitration agreements. One of the main reasons that I am for employers using arbitration agreements to resolve issues is that it offers more privacy than anything held in a public courtroom. In today’s day in age privacy is very important. One of the worse things that can happen to a company public relations wise is to go viral in a negative way. With the internet and social media platforms in use today it seems that when something negative happens with a…

Mediation and Arbitration: “Enrica Lexie Case” In this paper, the “Enrica Lexie Case” will be analyzed for the purposes of better understanding the process of alternate dispute and resolution. This case involves an incident between an Italian merchant vessel, which on board carried Italian Armed Forced marines, and the St Anthony an Indian Fishing boat. As a result, between these two vessels, two fishermen of the St Anthony were killed. The question continues as to which state has the claim to…

as administrative assistants. During their onboarding, Ms. Bennett and Mr. Nickleby signed contracts which stipulated that “if there is any dispute as to employment practice or employee/employer actions, this dispute will be decided via binding arbitration.” Both were given adequate time to review the agreement and consultant an attorney. Several months later , Mr. Nickleby became addicted to cocaine and Ms. Bennett became pregnant. Ms. Bennett experienced pregnancy complications and Big…

Jackson also claimed that he was forced to sign an arbitration clause in his employment contract that was unreasonable. Because of the conditions of the arbitration clause, only an arbitrator could legally determine validly, however, Jackson argued that since the arbitration clause was unreasonable, the court should decide on its validity. QUESTIONS PRESENTED Under the Federal Arbitration Act, is a district court able to rule whether or not an arbitration agreement is conscionable when the…

On April 27, 2011, the Court ruled, by a 5–4 margin, that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-wide arbitration, such as the law previously upheld by the California Supreme Court in the case of Discover Bank v. Thus, businesses that include arbitration agreements with class action waivers can require consumers to bring claims only in individual arbitrations, rather than in court as part of a class action. In the case of AT&T…

I personally don’t have a problem with an arbitration clause per say, I am mindful when a company tries to belittle the consumer by flexing their corporate muscle. 1. The problem arises when everyone is having the same issues or problems with the company and nothing can be done to find a solution to fix the problem without looking for a loophole. As in the Federal Communications Commission with AT&T, people couldn’t get around the arbitration clause, so they banned together to file complaints…

extremely high damages. 2. Confidentiality A case in public court can be devastating to an organization. With arbitration, however, proceedings between the parties are conducted confidentially. Therefore, unwanted media attention is kept to a minimum. This can be invaluable to an organization that is extremely well-known. 3. Transient (Possibly) Since rules of evidence do not apply in arbitration, they can be brought in without the need to be sure the documents,…

American Express jointly in a class action lawsuit (Olson, 2015). American Express progressed to force the case into individual adjudication with no class action possible. The retailers obtained evidence which showed that the costs of an individual arbitration would have been many times more than the possible maximum amount of damages that each would recover. The Supreme Court majority held that the…

In Glimer, there was some ambiguity about the effect of the statutory exclusion for contracts of employment because, the arbitration clause was not in a contract between an employee and an employer, but rather was in a contract between an employee and the agency. The Supreme Court clarified the ambiguity in Circuit City Stores, Inc. v. Adams, where the Court interpreted the exemption for “contracts of employment” exceptionally narrowly. The Court held that the statute applied to all contracts…

005594572 Questions for Arbitration Intro to Law: Contracts 1.a. False. From the opinions presented, it appears that Shelley will lose. Based on the opinions presented, let’s take a lot at the opposing opinions first so we can try to identify who is the majority and who is the dissenting, shall we? the opinions between 4 of the judges so far appear evenly divided, with 2, judges Arnold and burns, saying that the decision of the lower courts should be upheld, and 2, judges Curt and Dan,…