Questions tagged [arbitration]
The arbitration tag has no usage guidance.
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Can i be sued when im just getting back on my feet [closed]
im being sued for becoming default on truck payments because during covid i became homeless ended up living in my truck with 3 children n then was gifted a camper we lived in camper for a year with no ...
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Rights & Remedies Clause Cancels Arbitration Clause?
My Internet Service Provider TDS has a clickwrap contract. Two of the clauses seem to conflict. Does 12.3 give back a right that TDS gave up in 10.2? I'm bringing them to arbitration for other reasons....
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Extensions of time to respond
Is an extension of time to file a response something that is available in the case of a petition to confirm arbitration award?
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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 ...
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When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides - the Court or the Arbitrator?
Courts are required to enforce arbitration agreements according to their terms. But what if the parties dispute whether a contract containing an arbitration agreement expired? Does the court or the ...
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Waiver of a Right During Appeal When the Lower Court Rules that such a Right Does Not Exist?
Let's say two parties enter into an arbitration agreement and one of the parties seeks to enforce the arbitration agreement while the second party seeks to annul it. The two parties appear in court ...
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What are the limits of removing judicial recourse through arbitration clauses?
Suppose a FINRA-regulated financial institution is notorious for littering its service agreement with purportedly binding arbitration clauses, but then exercises a policy that amounts to depriving a ...
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Arbitration : The Severability Doctrine
User Dale M. wrote the following response on SE:
An arbitration agreement in a contract is severable I.e. it is an
independent contract and remains valid (assuming it is valid) even if
the primary ...
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Are arbitration agreements subject to a 6 year statute of limitations in NJ?
Generally, breach of contract in New Jersey must be filed within six years of the date the cause of action accrues.
Does this apply to enforcement of arbitration agreements?
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Can an arbitration agreement take on retroactive force?
Suppose Party B signs a one year contract with a binding arbitration agreement to rent commercial space from Party A. As part of the agreement, Party B agrees to pay $2,000 a month rent to Party A (...
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What is "look through" analysis?
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via 1) federal question jurisdiction or 2) ...
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Diversity of Citizenship in Federal Court Jurisdiction?
According to this thread, one of the three criteria in filing suit to compel arbitration in federal court is diversity of citizenship.
Suppose Party A enters into a business contract with Party B. ...
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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 ...
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Filling a double lawsuit to compel arbitration in both state and federal court?
Federal courts are authorized to hear cases when the case involves federal question jurisdiction. State courts, on the other hand, are authorized to hear civil cases when the case involves state law. ...
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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 ...
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