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Courts have recognized the employees' right to strike in situations where debtors have obtained court orders rejecting collective bargaining agreements under §1113, except that an arbitration agreement may be enforced via injunction where the underlying collective bargaining agreement has a mandatory grievance arbitration procedure and the ...
Forced arbitration clauses are commonly found in contracts between individuals and businesses. In cases where individuals bring legal claims against their employer or a business, forced arbitration clauses generally prohibit them taking such claims to court and instead substitute closed-door arbitration proceedings, where they are less likely to receive an impartial hearing.
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.
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 forum.
If you reject our last written proposal to resolve your claim before an arbitrator was appointed (the “Proposal”), and the arbitrator awards you more than the amount of our Proposal, we will: (i) pay you the greater of the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including ...
If you are an individual and use the services for personal or household use, the AAA’s Consumer Arbitration Rules will apply. You can review the Consumer Arbitration Rules here. You may begin arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA.
In an arbitration, the parties give up the right to an appeal on substantive grounds to a court. Once an award is entered by an arbitrator or arbitration panel, it must be "confirmed" in a court of law; and once confirmed, the award is reduced to an enforceable judgment, which may be enforced by the winning party in court, like any other judgment.
In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be ...
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