Oklahoma's cities and towns wouldn't be required to use binding arbitration in employee wage negotiations under legislation filed by a freshman state senator. State Sen. David Holt, R-Oklahoma City, said he's introduced a bill to repeal the system known as binding arbitration. Holt said Senate Bill 826 would restore taxpayer control and fiscal responsibility for local spending decisions by repealing the binding arbitration clause in municipal contracts.
... that AnimalFeeds uses contains an arbitration clause. AnimalFeeds brought a class action antitru... rule of federal maritime law requiring contracts to be interpreted in light of custom and usage. Th...
Three former vice-presidents of the National Association of Home Builders Research Center Inc. were properly ordered to submit their claims to arbitration, the Court of Special Appeals held yesterday. A Prince George's County Circuit judge correctly denied contract defenses asserted by Mark Nowak, David Dacquisto and Larry Zarker in arguing that the clause was unenforceable, the intermediate appellate court affirmed.
I sell merchandise to retail customers and would like to know if I can include an arbitration clause in my standard sales contract. Courts generally hold a favorable view of arbitration as a dispute resolution mechanism and will enforce arbitration agreements voluntarily entered into between parties. Accordingly, whether you sell furniture, automobiles or some other product, you can usually include an enforceable arbitration clause in your retail sales contracts.
The Seventh Amendment preserves the right to a jury trial in civil cases. Seventh Amendment rights, however, can be waived through contract. While both jury-waiver clauses and arbitration clauses prevent a jury trial, federal courts guard waiver of jury trial rights more closely in contracts containing jury-waiver clauses than in contracts containing arbitration clauses. In order for courts to enforce a jury-waiver clause, a defendant must knowingly and voluntarily waive the right to a jury trial. Arbitration clauses, on the other hand, only require that mutual assent is established. While this disparate treatment may seem inconsistent on its face, this Note argues that this result is reasonable due to the interplay between the Seventh Amendment public rights doctrine and the Federal Ar...
A developer could enforce an arbitration clause in the purchase contracts of home buyers, even though the provision failed to explicitly state that the buyers were waiving the right to have a jury decide any disputes, the Arizona Court of Appeals has ruled in reversing the denial of a stay pending arbitration. The defendant sold homes located in a subdivision. The plaintiffs, who had purchased homes from the defendant, filed a class action alleging that it had breached it sales contracts by failing to reveal that the subdivision was located near a jet engine test facility that operated 24 hours a day, seven days a week.
...Each of Plaintiffs' loan contracts contained an arbitration clause, which the distric...
Q: I am told that having an arbitration clause is helpful in our contracts because it is cheaper and faster to arbitrate, but several have told me "don't believe it!" Who's right? - G.C., Long Beach A: One of the rationales for arbitration clauses is that a jury trial will probably be avoided. It can be quite time consuming and costly to seat a jury, prepare jury instructions, and many are apprehensive about so-called "runaway juries." Another rationale in favor of arbitration is that you are just about done when the award is made, and you will avoid common court dates and delays.
All programming, whether live or pre-recorded, involves many different phases including project development, packaging, pre-production, production, post-production, marketing, distribution and exhibition. Many contracts define the relationship of the players to one another and to the production itself. Often they contain an arbitration clause, making arbitrators with specific knowledge of the entertainment industry a vital part of the process of resolving disputes that invariably arise. Arbitration is gaining more acceptance in both international and domestic entertainment contracts since it provides the parties with a less expensive and more efficient resolution by a person who has experience in the industry. Arbitration significantly cuts litigation costs and the parties can negotiate...
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