As regards Gaynor's argument that the arbitration clause
was invalid under UAE (non-DIFC) law, since the applicable law to the arbitration has been determined to be DIFC law, the fact that the clause may not have been valid under the UAE Civil Procedure Code was immaterial.
84) Although these conditions would not be allowed in a contract, it is up to the arbiter to decide whether the damage limitations in the agreement are enforceable if they are found in the arbitration clause
service agreement, which included a mandatory arbitration clause
In a press statement, it cited the provision in the court ruling that NHMC and KGLI-NM, in invoking the arbitration clauses
contained in the agreement, were 'estopped from questioning Udenna's standing to arbitrate.
inability to negotiate the terms of the arbitration clause
In this case, the arbitration clause
appeared on page nine, a violation that would have rendered the arbitration clause
Facilities are far more likely to waive an arbitration clause
than turn you away.
73) When surveyed, 54% of consumers whose credit card agreements included a pre-dispute mandatory arbitration clause
did not know whether they could take their credit card issuer to court or not.
The Use of an Arbitration Clause
in an Electronic Contract
Parties to a contract may have an arbitration clause
that states all disputes related to or arising under the contract will be decided in arbitration.
15) As examples of rules interfering with the fundamental attributes of arbitration, the Court listed contract defenses that conditioned the enforcement of an arbitration clause
on the use of a jury, the use of the Federal Rules of Evidence, or the use of court-monitored discovery.
Important Elements in any Foreign Arbitration Clause