The Supreme Court of Canada has made it clear that the Court will enforce mandatory
arbitration clauses unless it is clear that the dispute falls outside the scope of the clause.
(2) A decision by the arbitration tribunal that the contract is null and void shall not entail the invalidity of
the arbitration clause unless specifically found to be so by the arbitration tribunal.
Not exact matches
According to Bland, forced
arbitration clauses are generally enforceable and enforced,
unless the terms drafted by the lawyers somehow contain an error.
Don't buy a Hyundai since they require you sign a BBB
arbitration clause,
unless you have a BBB site closer than 5 hours away.
If it is required that you submit all legal questions to binding
arbitration, then this particular
clause would have to be submitted to
arbitration (
unless they simply «forgot» the
clause, or have a strategy of ignoring it until it is pointed out).
You can absolutely sue the entity that operates EZpass because it is a private company and you have a monetary dispute with it (
unless the agreement you entered into with EZpass to allow it to charge your credit card contains an
arbitration clause).
Generally, the situation should not be different if one applies to a foreign court for interim or provisional relief,
unless the character of a relief requested before a foreign court would be such as to allow the employer to argue that the contractor itself did not regard the
arbitration clause as valid or binding.
In Fiona Trust Corp, the House of Lords also held that
arbitration clauses in international commercial contracts ought to be liberally construed, and that parties to
arbitration agreements generally intend all disputes arising out of their relationship to be determined by the same tribunal,
unless language to the contrary is present.
The proposed rule would prevent financial services providers from including
arbitration clauses in consumer contracts
unless those
arbitration clauses...
Among other things, effective July 11, 2018, employment agreements and other contracts in New York may no longer include mandatory
arbitration clauses for sexual harassment claims, and settlements of sexual harassment claims may not include non-disclosure provisions
unless the complainant prefers to include such a provision.