Sentences with phrase «avoid arbitration agreements»
A court should not permit parties to avoid arbitration agreements by naming related parties, but not the signatory of the contract, as defendants.
https://www.lawworks.ca/ Not exact matches
Ally's account agreement avoids every practice that Pew considers potentially harmful to bank customers, including complex language, excessive overdraft fees and arbitration clauses.
Troy Renck says that the Rockies are yet to reach an agreement with Dexter Fowler on a contract to avoid arbitration.
, some of you may see how a judge may not give a damn what Chase says about arbitration requirements or their right according to the agreement to change it at any time however they want, fundamentally Chase is using legalise to avoid accountability for fraud, and the ruling shall therefore be, for the interests of justice to be properly served, that these contractual provisions shall set aside for the purposes of determining the charges.
However, the working group found a consensus that «the risk of multiple proceedings or conflicting decisions should not outweigh the risk that parties wishing to avoid their commitment to arbitrate, or to delay or disrupt arbitral proceedings, might commence an action which includes claims that are both within and without the scope of the arbitration agreement or unnecessarily names persons who are not parties to the arbitration agreement for tactical reasons.»
Amending pleadings: The parties raised an issue about the use of amendments to the pleadings to avoid the application of the arbitration agreement.
The court held that generally a party is allowed to amend the pleadings to avoid the application of an arbitration agreement (whether that would be successful is another issue).
We agree, of course, that a party may assert general contract defenses such as fraud to avoid enforcement of an arbitration agreement.
Many brokerages bury arbitration clauses in their Fee Agreements (aka Buyer Representation Agreements) and their clients unwittingly sign them (another reason to avoid large brokerage firms).