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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 law is currently preempted in almost all contexts by the 1925 FAA. The act was drafted as a model arbitration statute to allow each U.S. state to adopt a uniform law of arbitration, instead of having each state enact a unique arbitration statute. The act was updated by the Uniform Law Commission in the year 2000. [1]
The United States Arbitration Act (Pub. L. 68–401, 43 Stat. 883, enacted February 12, 1925, codified at 9 U.S.C. ch. 1), more commonly referred to as the Federal Arbitration Act or FAA, is an act of Congress that provides for non-judicial facilitation of private dispute resolution through arbitration. It applies in both state courts and ...
They are less a contractual provision and more a kind of arbitration servitude," David Horton, a professor at the University of California, Davis, School of Law, wrote in the University of ...
FAA requires that parallel state and federal claims be bifurcated when federal claims are non-arbitrable but state claims are. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (1985). Sherman Act claims are arbitrable, even when contract calls for arbitration before a foreign panel.
C & L then sought to enforce the arbitration clause and the tribe claimed sovereign immunity. The arbitrator ruled in favor of C & L and C & L filed suit to enforce the judgment in the District Court of Oklahoma County. [1] The trial court denied the tribes motion to dismiss based upon sovereign immunity and the tribe appealed.
More than 200 new Oklahoma laws will take effect Tuesday. Here's what you need to know about the various new laws approved by the state Legislature.
From Oklahoma's new anti-camping law to the "Women's Bill of Rights," over 200 bills go into effect in the state on Nov. 1.
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