Companies are using the arbitration clause
as a free pass to sidestep the courts and avoid accountability for wrongdoing.
The Convention does not contain the arbitration clause
JAMS's parallel due process principle states that "[t]he consumer must be given notice of the arbitration clause
Article 192 of the Procedural Code states that parties whose contract contains an arbitration clause
waive their right to have their case resolved in a Qatari court.
6) Casting aside Justice Brandeis's observation that "a single courageous state" must sometimes be permitted to "serve as a laboratory," (7) the Supreme Court has instead insisted that the presence of an arbitration clause
prevents state-court judges from applying contract defenses on which they had previously relied for decades.
You can avoid the initial fee charged by organizations that administer arbitrations if the arbitration clause
in your contract does not require the complaining party to institute arbitration through one of those entities.
The developer's contention was that the lawsuit should be dismissed as there was an arbitration clause
in the sale contract.
In particular, this Article examines three areas in which courts have given arbitration clauses
"super contract" status: (1) interpreting ambiguous contracts in favor of arbitration rather than in accordance with the traditional contract rule of interpreting ambiguities against the drafting party; (11) (2) creating special rules that make it more difficult to find that a party waived the arbitration provision than to find that a party waived other contractual terms; (12) and (3) interpreting arbitration clauses
to bind individuals to arbitrate disputes with parties who never signed the arbitration clause
The merchants had challenged the legality of an arbitration clause
in a contract with American Express that prevented them from coming together to pursue disputes against the credit card company.
Because the home buyer in Noohi was obligated to arbitrate, while the developer was not, the 4th Circuit ruled the arbitration clause
unenforceable, in spite of the developer's argument that Concepcion's pro-arbitration stance should preempt Maryland state law on the issue.
A bench presided over by Chief Justice Altamas Kabir dismissed a petition by Antrix which had invoked the arbitration clause
for arbitration in India.
As I and others have argued, Concepcion leaves open and unresolved the viability of a state law challenge to a bilateral arbitration clause
which is shown, in a particular case, to impose a forfeiture of the claimant's ability to vindicate his state law rights.