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Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63 (2010): A court must decide whether or not an arbitration clause is unconscionable, even if the contract unequivocally states that the arbitrator must make that decision. Granite Rock Co. v. Teamsters, 561 U.S. 287 (2010) AT&T Mobility LLC v.
The Arbitration Committee considers requests to open new cases and review previous decisions. The entire process is governed by the arbitration policy. For information about requesting arbitration, and how cases are accepted and dealt with, please see guide to arbitration.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. [1] An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.
In July 2009, the AAA stopped accepting consumer debt collection cases, after the National Arbitration Forum was forced to do so after questions arose about the fairness of its process. [3] In April 2013, the New York State Department of Financial Services hired the AAA to host mediation sessions between insurance companies and Hurricane Sandy ...
According to the analysis, of these 26,665 arbitrations, consumer parties were reported to have prevailed outright or had the case against them dismissed in 8,558 cases (32.1%). In an additional 4,376 cases (16.4%), the arbitrator did not award the full amount demanded by the business.
Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.
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