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Special Report on

Arbitration Clause in Contracts

arbitration clause in contracts special research report Photo by
The first part of the US-based Government Accountability Project (GAP) report, published last week in the Sunday Times FT, examined the Lanka Marine Services (LMS) privatization. GAP is a 30 year old non-profit public interest group that promoted government and corporate accountability and is the top whistle blower protection organization in the US. This section looks into the privatization of Sri Lanka Insurance Corporation (SLIC) following the June 2009 judgment by the Supreme Court which named several high ranking past and present public officials as having been involved in the corrupt transaction. The GAP report gratefully ...
(FAA) to require that any challenges to the enforceability of such a contract first be heard by an arbitrator, not a court, unless the claim is that the clause itself is unenforceable. The case arose from a claim by a New Jersey manufacturer that a Maryland firm had misrepresented itself in a transaction and thus the contract between the two was unenforceable, precluding the arbitration agreed upon in the event of a dispute. Abe Fortas wrote for a 6-3 majority that the FAA was broad enough to require arbitration of all issues save the arbitration clause itself. Hugo Black 's dissent called the majority's interpretation ...
Watchdog Blog: A Good Day for Consumer Justice
Many Americans are unknowingly stripped of their rights when they sign up for health insurance, cable television or credit cards.  Buried in the fine print of these contracts are clauses that force harmed consumers into a private system that is stacked in favor of giant corporations - sometimes with devastating consequences (see the comments).  Binding mandatory arbitration clauses are proliferating in contracts everywhere. But now we can tip the scales back in favor of consumers.  Yesterday, Senator Russ Feingold (D-Wisc.) and Representative Hank Johnson (D-Ga.) introduced a groundbreaking legislation to restore ... market research, surveys and trends
Class action against AT&T may move forward | Going Cellular
We’re breaking some new ground in the cellular world. See, there’s this little clause in your contract that says you waive your Constitutional right to a trial by jury if you are somehow wronged by your company — in this case, AT&T. However, AT&T made a considerable gaffe during their merger with Cingular, and more than one subscriber is P.O.d. So they did what most people would do in that situation, which is to file a class-action suit. However, the litigation can’t begin until they clear the arbitration hurdle. The class is saying they deserve their day in court. AT&T is ... market research, surveys and trends


... "Increasingly, parties are including a pre-dispute arbitration clause in contracts, ... Early mediation showed a 46 percent reduction in the length of a work ... of $1.3 billion annually to business, workers and ancillary companies. ... industry trends, business articles and survey research
The Arbitration Trap - 101607Arb:Layout 2.qxd
and arbitration clause in contracts, par- ...... Credit card fees totaled $24 billion in. 2004, an increase of 18 percent from ... industry trends, business articles and survey research
Clear, prominent arbitration clause can settle disputes
Q. I sell merchandise to retail customers and would like to know if I can include an arbitration clause in my standard sales contract. Courts generally hold a favorable view of arbitration as a dispute resolution mechanism and will enforce arbitration agreements voluntarily entered into between parties. Accordingly, whether you sell furniture, automobiles or some other product, you can usually include an enforceable arbitration clause in your retail sales contracts. However, arbitration provisions in sales contracts involving consumers must satisfy certain requirements. A court will only enforce an arbitration provision that is ... market trends, news research and surveys resources
US Supreme Court rules in Stolt-Nielsen that arbitrators may not impose class ...
On April 27, 2010, in a 5-3 decision, the US Supreme Court ruled in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. No. 08—1198 (2010) (the Opinion) that an arbitration tribunal that compelled class arbitration without concluding that the parties contractually agreed to permit it (either expressly or as construed under the applicable law) exceeded its powers under the Federal Arbitration Act (FAA). Please log in below to access the full article. If you are not an existing Lexology subscriber, please register for the free daily legal newsfeed service here . It has been two weeks since the U.S. Senate passed ... market trends, news research and surveys resources


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Republic of Korea and Japan the insertion of the following arbitration clause in contracts between such enterprises: “ All disputes that may arise under or ... technology research, surveys study and trend statistics
Consumer Help
Why check a contractor’s license? The Construction Contractors Board (CCB) believes the best way to a successful home improvement, repair or new home project is to know your contractor. Checking a contractor’s license can tell you: The contractor is actively licensed and has a  surety bond ; The contractor submitted proof of  liability insurance  at the time of application and insurance renewal*; The contractor submitted information that they carry Workers' Comp Insurance to protect its workers on the project; Breach of contract complaints filed with the CCB in the past seven years. CCB ... technology research, surveys study and trend statistics
favor of arbitration clauses in contracts and of upholding such clauses); Gilmer , .... and arbitration clauses based in individual employment contracts.54 ...
How do lawyers handle mundane contracts in their personal lives ...
If you're an attorney, I'm curious how you handle all the mundane contracts (such as Web site terms of service or software licenses) with which people are expected to comply these days? A typical week in the modern world requires at least tacit acceptance of several contracts, such as software EULAs, Web site terms of service, disclaimers at the auto mechanic's shop or privacy policies at a doctor's office. A layperson lacks the legal training to evaluate these contracts and I reckon that most just agree to them without any thought, but I'm curious how attorneys handle them in their own life. If ...
Google Answers: Contract Breach - Arbitration Scope
I need some help interpreting a paragraph from a contract. "Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or any failture to agree where agreement of the parties is necessary to pursuant hereto, including the determination of scope of this Agreement to arbitrate, shall be resolved by the following procedures:" The contract then goes on to list a mediation and then arbitration provision. My questions are as follows: 1.) If breach of contract, tortuous interference, and sexual harrassment claims arise out of this Agreement, are all of these claims governed by the ...