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That legal agreement can include an arbitration clause that removes a customer's right to sue a company when things go wrong — whether the customer knows it or not. Instead, they can be forced ...
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.
Arbitration agreements are often difficult to identify in consumer and employee agreements. There is sometimes a disconnection between the presumption of confidentiality and the realities of disclosure and publicity imposed by the arbitrators, and even the parties themselves.
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
Congress could soon spell the end of employment arbitration—but it’s not all good news for American workers. Lewis L. Maltby, Theodore J. St. Antoine. May 9, 2024 at 10:32 AM.
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.
By barring any means of sharing or shrinking arbitration costs, the arbitration clause in the American Express form contract functions to confer immunity from potentially meritorious federal claims, which runs counter to the purpose of the FAA ("No rational actor would bring a claim worth tens of thousands of dollars if doing so meant incurring ...
International arbitration is an alternative to local court procedures. International arbitration has different rules than domestic arbitration, [6] and has its own non-country-specific standards of ethical conduct. [7] The process may be more limited than typical litigation and forms a hybrid between the common law and civil law legal systems. [8]
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