Questions tagged [arbitration]
83 questions
18
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4 answers
What incentive does an arbitrator in retail or labor cases have to rule for the plaintiff?
When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant.
I have seen it said that they more often rule in favor of the…
Joshua Fox
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3
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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 that option? If yes, is it legal to set a time…
user15998
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Breach of Contract
Could a material breach of contract be used to get an arbitration agreement thrown out? If so, how significant of a contractual breach would be required. I’m looking for a hypothetical example or even better some case law if it exists.
user15998
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1 answer
Extensions of time to respond
Is an extension of time to file a response something that is available in the case of a petition to confirm arbitration award?
JDWhippingBoy
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1 answer
Why are there no public arbitration proceedings?
Despite the ubiquity of binding arbitration clauses in consumer contracts, I am unable to find a single example of an actual consumer arbitration proceeding (emails, exhibits, hearing, etc.).
This is in contrast to litigation, where millions of…
Josh Johnson
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2 answers
Why do the litigants leave their paperwork as they exit on Judge Judy?
On TV's Judge Judy, at the ruling of a case, each litigant is required to leave their paperwork as they exit the courtroom. This is especially notable because in nearly every case, both parties attempt to take them, and Byrd the bailiff instructs…
Jason P Sallinger
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0
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Arbitration clause specifies arbitrator needs to be approved?
Is it normal in a arbitration clause to see that the arbitrator has to be acceptable to the contractor?
IN THE EVENT THAT THE CONTRACTOR AND THE OWNER CANNOT AGREE THAT THE
SETTLEMENT OF THE FOUNDATIONS HAS BEEN CONTROLLED AND SETTLEMENT IS WITHIN…
Evan Carroll
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Is arbitration possible for war damages?
Let’s say I am citizen of country A and own a company there worth one billion USD. Neighbouring country B invades country A in violation of international law. In the course of the war, large parts of my company (buildings, vehicles, ...) are…
lejonet
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If a Lawyer holds back evidence
My question is if a Union Lawyer holds back evidence from his client which is damaging to his clients defense in a Arbitration case and then admits in the Arbitration Hearing he was well aware of the evidence is he violating his clent?
john
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What does it mean "attempt arbitration"?
Today there was an article on CNN about some kind of employee abuse case that referred to attempting arbitration. I couldn't find the article again to link to it but I found a lot more references to it.
The most interesting one seems to be this page…
Joshua
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How is it ethical for clients to instruct their lawyer to deliberately lose their case?
I transcribe Toby Landau BA BCL (First Class Honours) (Merton College, Oxford) QC's answer at 84:16.
My
funniest case probably was my first ever international arbitration, which is a
84:23
case that, Neil [Kaplan CBE QC SBS], you know about a…
user89
-1
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1 answer
What is the difference between a "broad" and "narrow" arbitration agreement?
For instance, if a contract calls for arbitration, but is hedged with numerous caveats and contingencies, does that make the agreement over arbitration narrow? If the contract calls for arbitration, but allows that parties "to seek any other…
Libra
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