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The Act stipulates that arbitration in a majority of instances is legal when both parties, either after or prior to the arising of a dispute, agree to the arbitration. The Supreme Court has taken a pro-arbitration stance across most but not all cases, although the federal government, most recently in 2022, has passed certain exemptions to ...
Matters of procedure are normally determined either by the law of the seat of the arbitration, or by the tribunal itself under its own inherent jurisdiction (depending on national law). Procedural matters normally include: mode of submitting (and challenging) evidence; time and place of the hearing; language and translations
In general, two groups of legal procedures cannot be subjected to arbitration: Procedures which necessarily lead to a determination which the parties to the dispute may not enter into an agreement upon: [12] [13] Some court procedures lead to judgments which bind all members of the general public, or public authorities in their capacity as such ...
You thus give up your right to litigate disputes with us in court (except for matters that may be taken to small claims court). Disputes will be decided by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than court proceedings.
Discover Bank v. Superior Court (113 P. 3d 1100 (Cal. 2005)): Held a class action waiver in an arbitration clause unconscionable when disputes will involve small amounts of damages and are part of a scheme by a company with superior bargaining power to deliberately cheat many consumers (the "Discover Bank test").
Arbitration is a more informal way of resolving legal disputes than going to court. Cases are decided by an impartial, independent arbitrator, who can award individual damages just as a court could. Arbitration is typically faster and more efficient than court.
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
In April 2024, a new definition of NCDR was set out in the Family Procedure (Amendments No 2) Rules 2023/1324 as “methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and ...
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