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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 Judicial Council of California has also promulgated the California Rules of Court, which includes such publications as the Standards of Judicial Administration and the Ethics Standards for Neutral Arbitrators in Contractual Arbitrations, under the authority of article VI, section 6, of the Constitution of California.
JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. [1] is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration. [2] [3] H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. [4]
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 ...
[27]: 30 A 2014 article in the San Francisco Chronicle stated that about 95% of consumer arbitrations in California are administered by AAA, JAMS, or "Kaiser's independent administrator", according to "a lobbyist for the California arbitration industry". [39] AAA and JAMS primarily hear disputes between businesses and employment disputes. [40]
A California law barring employers from requiring their employees to resolve workplace complaints in private runs afoul of federal law, a federal court ruled.
Southland Corp. v. Keating, 465 U.S. 1 (1984), is a United States Supreme Court decision concerning arbitration.It was originally brought by 7-Eleven franchisees in California state courts, alleging breach of contract by the chain's then parent corporation.
Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681 (1996): Montana law requiring disclosure of arbitration clauses to be "typed in underlined capital letters on the first page of the contract" preempted by FAA; [1] however, upheld authority of courts to refuse to enforce arbitration clauses on grounds of "generally applicable contract ...
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