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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.
Case history; Prior: Defendant's motion for stay to compel arbitration granted in district court; affirmed on appeal by Second Circuit; certiorari granted: Holding; Challenge to enforceability of contract must be decided by arbitrator when contract has arbitration clause unless challenge is to clause itself.
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 ...
Reed v. Town of Gilbert, 576 U.S. 155 (2015), is a case in which the United States Supreme Court clarified when municipalities may impose content-based restrictions on signage. The case also clarified the level of constitutional scrutiny that should be applied to content-based restrictions on speech.
Arbitration: 346 U.S. 427 (1953) Claims under Securities Act of 1933 not arbitrable Miller Brothers Co. v. Maryland: 347 U.S. 340 (1954) use tax imposed by one state against merchant in another state violated Due Process Clause of the 14th Amendment Brown v. Board of Education of Topeka: Racial Segregation: 347 U.S. 483 (1954) reversed the ...
An arbitration board has ruled that U.S. Steel may proceed with its proposed acquisition by Nippon Steel, a deal that faces strong opposition from its workforce. The board, which was jointly ...
So-called forced arbitration clauses say that in the event of a dispute, you won't be able to file a class-action suit. Instead, your dispute will be settled one-on-one in a private arbitration ...
The judge continued that "the District Court recognized… the distinction our Court has drawn between arbitration clauses in individual contracts… and arbitration clauses in [collective bargaining agreement]s." The former, he wrote, was "governed by a line of Supreme Court cases represented by Gilmer v. Interstate/Johnson Lane Corp.."
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