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HOUSE JUDICIARY COMMITTEE, SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW HOLDS A HEARING ON H.R. 3010, THE ARBITRATION FAIRNESS ACT OF...
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In the last twenty years, mandatory binding arbitration has become ubiquitous in consumer contracts. The rise of mandatory binding arbitration represents a deliberate strategy on the part of businesses. The widespread adoption of mandatory binding arbitration in the consumer context has significant negative consequences for consumers and society. However, the Supreme Court's interpretation of the Federal Arbitration Act has, in essence, limited effective policy options for addressing mandatory binding arbitration to federal legislative action. Many consumer advocates have coalesced around the Arbitration Fairness Act, a bill requiring that arbitration in multiple contexts be voluntary, as the best means for addressing mandatory binding arbitration. However, the Arbitration Fairness Act ...
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The Arbitration Act 2010 (the "2010 Act") repealed all previous arbitral legislation and effectively codified the law in this area into one Act of Par...
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The Department of Education (Department) gives notice that, on May 23, 2011, an arbitration panel rendered a decision in the matter of Carole Morris v. Kentucky Office for the Blind, Case No. R-S/09-5. This panel was convened by the Department under the Randolph-Sheppard Act (Act) after the Department received a complaint filed by Carole Morris (Complainant).
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INTRODUCTION
Ireland has a long history and tradition of resolving disputes by arbitration and its predecessor systems under its ancient laws. Irela...
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The Court of Appeal in the case of West Tankers Inc v (1) Allianz Spa, (2) Generali Assicurazione Generali Spa, [2012] EWCA Civ 27 had to consider the...
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Unlike the Federal Rules of Civil Procedure, the Federal Arbitration Act places sharp limits on a party's ability to obtain information from a nonpart...
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The Federal Arbitration Act does not preempt a state ruling that employees cannot waive administrative hearings of wage and hour disputes, the California Supreme Court has decided in reinstating a stay of arbitration.
California law gives an employee the right to have an informal administrative hearing of a claim for unpaid wages.
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Introduction. II. Why Interest Arbitration Is Necessary Under The NLRA. A. The Problem of First Contract Negotiation. B. The Weakness of NLRB Remedies. C. Arbitration Is Desirable When Work Stoppages Are Not. 1. The Unavailability of Strikes. 2. Arbitration Is Widely Used When Strikes Are Undesirable. III. Interest Arbitration Will Work. A. Interest Arbitration Will Provide Incentives to Bargain; It Will Not Remove the Incentives to Bargain. 1. Theoretical Underpinnings. 2. Case Studies. 3. Final-Offer Arbitration: A Potential Procedure for Implementation. B. Interest Arbitration Can Produce a Sensible Contract. C. Interest Arbitration Is Better than the Alternatives. 1. Arbitration Is Expeditious and Affordable. 2. Arbitration Should Not Be Limited to Cases in Which Bad Faith Bargai...
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Arbitration of employment disputes has become an increasingly controversial issue in recent years. Many plaintiff-side employment lawyers and other co...