7, would make it illegal for contracts for many types of consumer financial products to have arbitration clauses
that prevent members from participating in class action lawsuits.
The aggregate readability score for the arbitration clause
was grade fourteen as compared to grade eleven for the TOU.
that court considered three terms contained within the arbitration clause
of a debt-adjustment contract: a "loser pays" provision, a venue provision, and a provision requiring arbitration within thirty days of the emergence of the dispute.
28) Because arbitration agreements were essentially "revocable at will" by either party, courts would decline to order specific performance when an arbitration clause
Although Concepcion has at least temporarily put mandatory arbitration clauses
on solid ground, companies should not assume that courts will uphold every provision in an arbitration agreement.
16) Justice Scalia in Concepcion offered up the observation that the claimants in that case could have vindicated their rights under the bilateral arbitration clause
at issue, principally because "the arbitration agreement provides that AT & T will pay claimants a minimum of $7,500 and twice their attorney's fees if they obtain an arbitration award greater than AT&T's last settlement offer.
For a mandatory arbitration clause
found in a trust to be enforceable, "the clause purporting to be an arbitration clause
For example, the venue and language of the Arbitration; who appoints the Arbitrator(s); the procedure to be followed; and the applicable law; to avoid the arbitration clause
being held to be void for uncertainty.
18) Moreover, the court held that the arbitration panel's construction of the clause was not in "manifest disregard of the law" because no part of the FAA prohibits class arbitration where the relevant arbitration clause
is broadly worded in scope, but silent on the issue.
Accordingly, the litigation over the scope or applicability of an arbitration clause
may take months or years, yet it is paradoxically undertaken in the name of avoiding the time and expense of commercial contract litigation.
The best way is to have a mediation clause for all disputes, plus a binding arbitration clause
for fee disputes only, in your engagement letter, which is signed by the client.
Consider including an arbitration clause
in your agreements.