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Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63 (2010): A court must decide whether or not an arbitration clause is unconscionable, even if the contract unequivocally states that the arbitrator must make that decision. Granite Rock Co. v. Teamsters, 561 U.S. 287 (2010) AT&T Mobility LLC v.
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.
[2] [3] H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. [4] A 1994 merger with Endispute of Washington, D.C. made JAMS into the largest private arbitration and mediation service in the country. [5] It is one of the major arbitration administration organizations in the United States.
The American Arbitration Association (AAA) is a non-profit organization focused in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings.
The arbitrator will determinate the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal's award. Such forms of "Last Offer Arbitration" can also be combined with mediation to create MEDALOA hybrid processes (Mediation followed by Last Offer Arbitration). [61]
The California Reporter of Decisions is a reporter of decisions supervised by the Supreme Court of California responsible for editing and publishing the published opinions of the judiciary of California. The Supreme Court's decisions are published in official reporters known as California Reports and the decisions of the Courts of Appeal are ...
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.
The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include a chairperson or an umpire. The tribunal usually consists of an odd number of arbitrators. Members selected to serve on an arbitration panel are typically professionals with expertise in both law and in friendly dispute resolution . Some ...