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...
... as a means of encouraging representation by counsel. Statutory awards of attorneys' fees an...
... law, comparative arbitration law, legal doctrine, and treaty interpretation. While authors... to allocate the costs for legal representation, Professor Walde argued that "[t]he judicial pract...
... in San Francisco, California, and at the Legal Aid Society, Federal Defender Division in New York... employees always have a right to representation; that the costs of the process must be reasonable;...
... licenses and for its international arbitration expertise, the ICC had first attempted a model fra... "A lawyer shall provide competent representation to a client. Competent representation requires the...
... district court’s enforcement of the arbitration agreement in his employment. contract with Defend... between them in respect of a defined legal relationship, whether contractual or not, concerni... the plaintiff’s fraudulent representation claims at the arbitration-enforcement stage, but s...
...(UCL), False Advertising Law (FAL), Consumer Legal Remedies Act (CLRA) and breach of contract. Kaltwa... with AT&T based on the company's representations that it had the "fewest dropped calls." Id., at 2....
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 ...
... the extent that speed and efficiency reduce legal costs, both sides benefit from arbitration. The fi... My Rights" Coalition has broad representation from consumer-advocacy groups and their allies. It...
... article will be devoted to discussing the legal obstacles that practitioners have been facing towa... services; distribution, commercial representation or agency; bailment; leasing out or leasing; hire-...
Introduction I. An Empirical Examination of Legal Representation in ADR A. The Extent of Legal Repre... Undercut the Value of Mediation and Arbitration? F. Non-Lawyer Representatives III. So What is to ...
... and impartial and have the technical and legal expertise and language skills to resolve their par... distribution agreement; commercial representation or agency; leasing; construction of works; consult...
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