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arbitration agreement
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More than 10.000 documents for arbitration agreement
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InsuranceLiquidation of insolvent insurance companySuperintendent of insurance as liquidator not bound by insurers arbitration agreement.
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Arbitration clauses in contractual arrangements are fairly standard today. By agreeing to arbitrate, the parties to an arbitration agreement waive their rights to seek redress of their claims in a court in favor of an arbitration tribunal. While litigation is criticized as being expensive and time-consuming, costs associated with arbitration are far from inconsequential. If the parties have waived their right to go to court, even in situations in which fees and costs may be awarded to the prevailing party, and if arbitration costs are cost-prohibitive, could there be a defense to the arbitration contract on grounds of unconcionability? This paper explores situations in which such an argument could be successful, and suggests ways to apportion costs that would make arbitration clauses le...
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Mandatory pre-dispute arbitration agreements are the emerging standard in long-term care ("LTC") admission contracts all around the US. This form of arbitration agreement is "pre-dispute" because the resident/signer agrees to arbitrate any disputes that may arise between the parties in the future, rather than take those disputes to court. This article urges the reexamination of the use of mandatory arbitration agreements in LTC contracts and offers a new approach. Part II of this article begins by examining and outlining the history of arbitration in America and its eventual rise in popularity. Part III examines the most common defenses advanced by plaintiffs attempting to defeat a motion to compel arbitration. Part IV briefly explores the current political climate surrounding the use o...
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A litigant who was not a party to an arbitration agreement may still seek injunctive relief under the agreement if relevant state contract law gives him enforcement rights, the U.S. Supreme Court has ruled. The respondents in Arthur Andersen v. Carlisle sold a business and sought advice from the petitioners, all financial and accounting firms, on how to limit tax liability.
