An employee may be forced to
arbitrate a claim only if the employee knowingly agrees to submit such a claim to arbitration.
What's the verdict on arbitration?: Companies are increasingly turning to arbitration to avoid the courtroom. Find out how it works and what pitfalls to avoid. (Legal Issues)
Courts have been less than consistent, however, in their approach to whether commercial tort claims, such as fraud in the inducement, misrepresentation, conspiracy, etc., which often are raised in the course of reinsurance disputes, must be arbitrated.(16) At times, a court will conclude that some, but not all, of the claims at issue are subject to arbitration.(17) Of course, the parties always have the option of agreeing to
arbitrate all their claims, including those that would not be arbitrable but for that agreement.
Reinsurance arbitrations from start to finish: a practitioners' guide
An agreement to
arbitrate entered into at the beginning of the employment relationship is likely to be enforceable under the FAA or state law, because the job that the employer gave the employee is consideration for the agreement to
arbitrate.
Compelling arbitration of employment disputes
Thus, if a party changes its mind later about going to arbitration, it may be stuck unless the other side also wants to waive its right to
arbitrate under the agreement.
Arbitration: the good, the bad and the ugly
"[...] [T]he bulk of international authority supports our view that the provision functions as a purely procedural precondition to
arbitrate. See 1 G.
U.S. Supreme Court reviews U.S.-UK investment treaty's arbitration clause which allows either party to submit a dispute to a competent tribunal of the Contracting Party under certain conditions; issue is whether a court or the arbitrator has primary responsibility for interpreting and applying the local litigation requirement to an underlying controversy
Within very broad limits, parties to an agreement to
arbitrate are free to fashion any agreement they wish.
Limiting discovery in arbitration: Should you write discovery out of the deal?
An agreement to
arbitrate that had been agreed without specific authority provided in the power of attorney is sanctioned by a relative nullity of the agreement to
arbitrate that only the grantor of the power of attorney has the right to raise.
Abu Dhabi Court of Cassation Decision on Arbitration
Section(s) 2 [of the FAA]." "The issue of 'whether a valid written agreement to
arbitrate exists' is controlled by principles of state contract law." (5)
When must a dispute be submitted to arbitration? Who makes the call?
But Fantastic Sams fought back, arguing that the corporation could not be bound to
arbitrate the cases on a class basis because some of the franchisees' agreements were silent about whether class arbitration was permitted.
Court makes it harder to avoid class arbitration
According to Reuters, Merrill Lynch, a unit of Bank of America Corp (NYSE: BAC), was fined for failing to
arbitrate disputes with employees regarding retention bonuses.
-Merrill fined for failing to arbitrate retention bonuses
Once a dispute arises, the parties may still mutually agree to
arbitrate, but the odds of that happening are small.
Getting the word out on changes in contractors arbitration
On 20 March,aEcuador has formally requested a panel to
arbitrate its conflict with the EU, following the complaint filed to the WTO on 16 November 2006.
PANEL LOOKS INTO EU BANANA SCHEME
Acas has also been called in to
arbitrate in a dispute over the time shop stewards can devote to union duties.
In Brief: No confidence in governor
By agreeing, for example, that the Federal Arbitration Act (rather than Arkansas law) will apply, the parties can agree to
arbitrate tort claims.
Gaining popularity: 'step-up' arbitration clauses replace costly litigation
Hilltop also argued that the plaintiffs had to individually
arbitrate their claims.
Document reviewers' overtime pay claims must be arbitrated, rules 6th Circuit