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Questions tagged [arbitration]

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How does SE's arbitration clause hold up under the GDPR?

Today the new Terms of Service of Stack Exchange have been released, sparking a lot of unrest about its arbitration clause; see the comments and answers on the linked meta above, and also this question. Does the GDPR prevent Stack Exchange from…
Adriaan
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After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

A few days ago I bought over-the-counter goods from a shop. There was no signature involved in this purchase. I walked up to the counter with off-the-shelf items, was asked for a phone number, paid in cash, then left. They just sent a text message…
when squared equals a negative
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What incentive does an arbitrator in retail or labor cases have to rule for the plaintiff?

When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant. I have seen it said that they more often rule in favor of the…
Joshua Fox
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Could a contract make a Bible passage legally binding on the signers?

Suppose John Doe and James Smith, who are both Christians and members of the same church, sign a contract including the following clause: Any disputes between John Doe and James Smith shall be resolved in accordance with the Bible text of Matthew…
Someone
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What prevents a business from disqualifying arbitrators in perpetuity?

In California, any party may disqualify a arbitrator within 15 days of receipt of their disclosure form. CCP 1281.91. The right to disqualify is absolute, may be exercised without cause, and an unlimited number of arbitrators may be disqualified. In…
Josh Johnson
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Can signing up for a service waive all future rights to sue a company or its subsidiaries

I saw a recent article that was talking about signing up for a Disney+ account waives your right to sue Disney and it subsidiaries as as there is a binding arbitration clause in the user agreement. Is this something that the courts will take…
Joe W
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Terms and conditions for food?

Imagine you have purchased some food item for consumption and upon opening it you find a notice printed (faintly and hard-to-read) on the seal that by opening and consuming the product you agree to the company's terms and conditions. It might look…
conman
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Can a dispute resolution clause be set aside?

In relating to an international contract that includes a provision that in 'All dispute in relation to user agreements will be referred to California by Arbitration My question : If the disputes also involves an offence or a breach of law in a…
snowball
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Declining Binding Arbitration of credit cards and banks (after sign up)

Recently Chase was making a change to its user agreement and was automatically assuming your consent to abide by binding arbitration unless you opted out explicitly by sending them a snail mail with a self written/typed, freestyle letter. I now see…
perennial_noob
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Is forced arbitration combined with nondisclosure agreement enforceable?

Consider a company which combines a non-disclosure agreement with an arbitration agreement in an attempt to prevent employees from sharing sexual harassment anywhere (online, media, etc), even if the employee proved it in arbitration and won the…
pi squared
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Can arbitral proceedings and national court litigation proceed in parallel?

Under English law, when an arbitration clause exists in an agreement, is it legally possible for parties (with mutual consent) to agree to initiate both arbitration and court litigation in England, running in parallel at the same time? I presume…
Mark Yoo
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What are the criteria to file a suit to compel arbitration in federal court?

The Federal Arbitration Act (FAA) is the federal law that governs arbitration. It is possible to petition the state or federal courts to compel arbitration. Filing in federal court is ideal, since federal courts have a strong policy of favoring…
S.O.S
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Can perjury apply to arbitration proceedings?

Can guilt for the crime of perjury apply outside of judicial or other government proceedings? The answer to this very general form of the question seems to be no. Affirming that answer: It appears that the legal definition of perjury, for example…
feetwet
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In English civil trial practice when does a barrister become involved?

In U.S. civil trial practice, the same legal professional, an attorney, or firm of legal professionals, usually handles a case from first client contact through trial and often appeals (if any) as well. But, in English law, the roles of attorneys in…
ohwilleke
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Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?

Appeals of an arbitration award are reviewed de novo. Does the same apply to the denial of a Motion to Compel Arbitration? In other words, if the trial court denied a motion to compel arbitration, is the appealing party entitled to ask the Appellate…
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