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The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995 , which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa .
Kylie v CCMA; Court: Labour Appeal Court of South Africa: Full case name: Kylie v Commission for Conciliation Mediation and Arbitration and Others : Decided: 26 May 2010: Docket nos. CA 10/08: Citations [2010] ZALAC 8; 2010 (4) SA 383 (LAC); 2010 (10) BCLR 1029 (LAC); (2010) 31 ILJ 1600 (LAC); [2010] 7 BLLR 705 (LAC) Case history; Prior actions
A "naked" class action waiver is a version of the waiver where the contract in which the waiver is found is not attached to an arbitration agreement. Class action waivers are only protected from state legislatures' actions through the Federal Arbitration Act, if they are bundled with an agreement to send disputes to arbitration.
American Motorcycle Association v. Superior Court , 20 Cal. 3d 578 (1978), was a case decided by the Supreme Court of California that first adopted a comparative fault regime for apportionment of liability among multiple tortfeasors for negligence in California.
Arbitration is particularly popular as a means of dispute resolution in the commercial sphere (for a summary of the various arenas in which arbitration is usually chosen, see the specific article on "arbitration"). One of the reasons for doing so is that, in international trade, it is often easier to enforce an arbitration award in a foreign ...
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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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