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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 ...
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.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. [1] They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also ...
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
Ex aequo et bono (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art.In the context of arbitration, it refers to the power of arbitrators to dispense with application of the law, if appropriate, and decide solely on what they consider to be fair and equitable in the case at hand. [1]
Chapter 3: Inter-American Convention on International Commercial Arbitration Chapter 4 : Arbitration of Disputes Involving Sexual Assault and Sexual Harassment The Inter-American Convention on International Commercial Arbitration was adopted on 30 January 1975 and entered into force for the United States on 27 October 1990.
Netscape moved that the plaintiffs were prohibited from bringing the dispute to court, because of the very same EULAs being argued. According to Netscape, the plaintiffs had voluntarily agreed to the EULAs, including the provision requiring all legal disputes to go to arbitration, so therefore the present dispute should go to arbitration as ...
"The FAA has become a substantive rule of a federal common law applied in virtually all settings and levels of the state and federal systems", he says. [25] Richard Reuben of Missouri law school, a longtime critic of mandatory arbitration, calls Prima Paint's adoption of the separability doctrine "a perhaps unparalleled display of judicial ...
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