Sentences with phrase «arbitration agreement»

Of course, employers don't have a lock on use of arbitration agreements.

Many financial companies include mandatory arbitration agreements in their contracts with consumers.

Most agreements between investors and their financial advisers contain mandatory arbitration agreements.

The broker opposed arbitration, arguing that there was no valid arbitration agreement between the two sides.

A well - drafted arbitration agreement provides a roadmap for administering the arbitration and helps narrow expectations as you resolve a dispute.

Starting next year, borrowers won't be forced to settle disputes with their college through forced arbitration agreements.

In this post, we discuss some important considerations when drafting arbitration agreements.

Having said that, the court noted that it and other courts should be cautious about the use of tort claims as a strategic device to avoid arbitration agreements.

There are three relevant arbitration agreements involved, some more broadly - written than others.

Several years later, the nursing home presented the resident with a voluntary arbitration agreement, which her son also signed.

How does a broad versus narrow arbitration agreement affect the first party's chances of going to arbitration?

There are, however, limits to the lengths the courts will go to save arbitration agreements.

Our simple question and answer format provides you with a free arbitration agreement in minutes.

Also, if a court sets aside an award, the underlying arbitration agreement survives.

Our holding, of course, is limited to arbitration agreements resolving issues of property or alimony, and does not apply to agreements involving child support or custody.

The motion judge reasonably concluded that the second arbitration agreement was intended to be a stand - alone agreement governing the arbitration and the appeal rights from the award.

The subject - matter of most arbitration agreements is commercial: performance and payment.

The resolution of disputes under third party supply contacts and lending agreements are usually not covered by a joint venture arbitration agreement and may still require disposition by the local courts.

Since then, virtually every firm has added a so - called mandatory arbitration agreement to its new - account documents.

In response, the nursing home asked the court to dismiss the case, citing the voluntary arbitration agreement that the resident's son had previously signed.

If the contract calls for arbitration, but allows that parties «to seek any other remedies available under law or equity» is that a broad or narrow arbitration agreement?

Smith said it wasn't clear how that would play out, saying that if the government is bringing a lawsuit, it isn't bound by arbitration agreements.

The Centers for Medicare and Medicaid Services (CMS) implemented a new rule that prohibited federal funds for nursing homes that enter into binding arbitration agreements with residents.

Interboard arbitration shall not proceed unless signed arbitration agreements and deposits have been received from the complainant and respondent.

Advising on the drafting of arbitration agreements for use in certain construction, financing and project documents in relation to the project financing of an oil - fired power station in West Africa.

Tom has considerable experience of applications under ss.67 - 69 of the Arbitration Act 1996 and of applications to enforce arbitration agreements by way of anti-suit injunctions.

Summary: The appellant alleged that a binding arbitration agreement did not exist between the parties and that the case should therefore be remanded to the district court for decision.

The revised fifth edition of International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses.

This case presents the questions (a) whether the California Franchise Investment Law, which invalidates certain arbitration agreements covered by the Federal Arbitration Act, violates the Supremacy Clause and (b) whether arbitration under the federal Act is impaired when a class action structure is imposed on the process by the state courts.

An appeals court has overturned a National Labor Relations Board decision that prevented employers from including arbitration agreements in employee contracts....

The rule prevented financial companies that bind users by arbitration agreements from prohibiting those users from suing as a class.

(3) The Model Law applies to international commercial arbitration agreements and awards made in international commercial arbitrations, whether made before or after the coming into force of this Act.

Likewise, in Swentor v. Swentor, 336 S.C. 472, 520 S.E. 2d 330 (1999), which upheld an arbitration award in the matter of property division, the court disapproved of binding arbitration agreements concerning child custody or support:

Further, where the award or arbitration agreement requiring to be produced is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in the Union of Myanmar.

Either way, proponents — including Fowler — hope far more attention will be paid to the bill's benefits instead of to the perceived benefits to corporations in continuing to use arbitration agreements widely.

2013) 718 F. 3d 1052 (the mere risk that plaintiff will face prohibitive costs is too speculative to justify invalidating arbitration agreement), on the ground that the fee provision was not speculative and there were other unconscionable terms.

Although arbitration agreements are binding, it is possible for a defendant to waive their right to enforce the agreement if they fail to raise the defense soon enough in a state or federal court action brought by a plaintiff, as occurred in the Johnson case.

The new tool provides parties with the AAA's standard arbitration agreement, in addition to an array of options parties may consider when drafting ADR clauses, including specifying the number of arbitrators; arbitrator qualifications; locale -LSB-...]

The CFPB introduced its rule in July after conducting a five - year long study of mandatory arbitration agreements starting in 2010.

Last year, she filed an amicus brief in three high court cases, asking the Supreme Court to consider that class and collective action bans in workplace arbitration agreements violate federal labor laws.