Arbitration Clause


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Arbitration Clause

A clause in a contract stating that, in the event of a dispute, parties shall follow an extrajudicial means of resolution in which they make their cases before an impartial person or panel. The clause may also indicate the specific process the parties shall follow in the event of arbitration. The clause is intended to save both parties the time and expense of a lawsuit.
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References in periodicals archive ?
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.
The Implied Jurisdiction of the DIFC Court to Appoint an Arbitral Tribunal: Beware of Unintended Consequences
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.
Special "K"s: contracts of adhesion and their unconscionable arbitration clauses
service agreement, which included a mandatory arbitration clause with a
The future of class-action waivers in consumer contract arbitration agreements after DIRECTV, Inc. v. Imburgia
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.
Court orders feuding 2GO investors to submit to arbitration
inability to negotiate the terms of the arbitration clause, including
Because arbitration can be beneficial, it should never have to be mandatory: making a case against compelled arbitration based upon pre-dispute agreements to arbitrate in consumer and employee adhesion contracts
In this case, the arbitration clause appeared on page nine, a violation that would have rendered the arbitration clause invalid.
Will workers and consumers get their day in court? With a new high court majority the era of mandatory arbitration could end
Facilities are far more likely to waive an arbitration clause than turn you away.
Brian P. Murphy Opens New Personal Injury Law Practice; Weighs in on Family's Right to Pursue Lawsuit in Recent Nursing Home Death Case
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.
Pre-dispute mandatory arbitration clauses in consumer financial products: the CFPB's proposed regulation and its consistency with the arbitration study
The Use of an Arbitration Clause in an Electronic Contract
Instagram sets a precedent by an "insta" change in social media contracts & users' ignorance of Instagram's terms of use may lead to acceptance by a simple "snap"
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.
Arbitration: the good, the bad and the ugly
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.
Contract after Concepcion: some lessons from the state courts
Important Elements in any Foreign Arbitration Clause
Enforcement of foreign arbitration awards in the United Arab Emirates

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