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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Forced arbitration clauses require consumers to give up their rights to go to court and seek redress for damages they have suffered as a result of unlawful practices by corporations.
In a letter to JPMorgan Chase CEO Jamie Dimon, the senator wrote, 'We urge JPMorgan Chase to withdraw the forced arbitration clause in its credit card agreements.' The letter was also signed by senator Richard Blumenthal (D-CT).
"To hold otherwise would arguably allow Respondents to commit unfair trade practices and conspire to destroy the businesses of other insurance agencies while shielding themselves from the possibility of a jury trial with an arbitration clause agreed to only by the conspiring parties," Beatty wrote.
In a statement issued on Wednesday, Agabin pointed out that the waiver-of-immunity and arbitration clauses under loan accords are standard in any loan agreement forged between countries.
(13) Traditionally, judges have decided matters of "substantive arbitrability"--that is, whether a dispute should be sent to arbitration because it falls within the scope of a valid arbitration clause. (14) However, in a line of cases about arbitrating arbitrability, the Court has opened the door for arbitrators to resolve any conflict about the arbitration.
46 The AAA Supplementary Rules also provide for "construction of the arbitration clause," as follows:
"The underpinning of the hearing justice's bench decision was what he referred to as 'a conspicuous difference' between the language of the conciliation clause in Section 14.3.1 and that of the arbitration clause in Section 14.3.2.
See Combined Energies, 514 F.3d (affirming denial of motion to compel arbitration where one of parties' agreement had an arbitration clause and plaintiff's claims arose from alleged breach of different agreement, noting '[i]f the parties had intended the arbitration clause to apply to their agreement writ large or to each of the 'Contract Documents' individually, it would have been as easy to state that expressly')."
The parties' dispute centers on the proper interpretation of the arbitration clause. The Alexanders "essentially argue that the contractual language requiring arbitration using the Better Business Bureau's rules means rules promulgated by the Better Business Bureau.
suggesting that all such contracts should include an arbitration clause.
First, we take as admitted Udvari-Solner's argument, supported by legal authorities, that the Rootses' claims alleging fraud in the inducement of the Agreement challenge the validity of the entire Agreement and are therefore subject to the arbitration clause in the Agreement.
Before you can even get to the actual case, you've got to beat the arbitration clause."