His broad appellate practice includes extensive experience in constitutional matters and business issues, with notable recent activity in disputes concerning
contractual arbitration provisions.
Not exact matches
This
arbitration provision shall survive termination of these Terms of Use and any other
contractual relationship between you and Company.
, 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.
A recent article published by The Wall Street Journal discussed a growing trend by American employers to include
arbitration clauses in their employment agreements, in part encouraged by a 2011 decision by the United States Supreme Court which upheld a
contractual provision requiring telecom customers to waive their right to bring certain lawsuits.
Incorporation of dispute resolution
provisions by reference — whether reference to a «law and
arbitration» clause is sufficient to incorporate an English jurisdiction clause — scope of prior decision in The Merak - grant of
contractual anti suit injunction to restrain foreign proceedings.
He interpreted the dispute resolution
provision as requiring mediation as a pre-condition to
arbitration and held that
arbitration was not an appropriate means to remedy the franchisee's claimed loss until the parties had complied with the
contractual mediation requirement — in this case at least requesting mediation.