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Arbitration
Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. Arbitration in the United States and in other countries often includes alternative dispute resolution (ADR), a category that more commonly refers to mediation (a form of settlement negotiation facilitated by a neutral third party). It is more helpful, however, simply to classify arbitration as a form of binding dispute resolution, equivalent to litigation in the courts, and entirely distinct from the various forms of non-binding dispute resolution, such as negotiation, mediation, or non-binding determinations by experts. Arbitration is, today, most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions.
Arbitration can be either voluntary or mandatory and can be either binding or non-binding.
Arbitration Class Action Defense Cases–Pleasants v. American Express: Eighth Circuit Affirms Order Dismissing Class Action And Compelling Arbitration Of Individual Claim Holding Class Action Waiver In Arbitration Clause Enforceable Under FAA
District Court Properly Dismissed Class Action and Granted Defense Motion to Compel Plaintiff to Arbitrate her Claims on an Individual Basis, Rather than as a Class Action, because Class Action Waiver in Arbitration Clause was not Substantively or Procedurally Unconscionable Eighth Circuit Holds
Plaintiff filed a putative class action against American Express Company and American Express Incentive Services (AEIS) alleging violations of the federal Truth in Lending Act (TILA); specifically, the class action complaint alleged that American Express violated TILA by “issuing pre-loaded, stored-value cards without making the disclosures required under the TILA...
Judge Alex Case Raises Question: Is Arbitration Delayed Arbitration Denied?
?Judge Alex? Case Answers the Question: Arbitration Delayed IS Arbitration Denied
National Arbitration Forum thinks courts should just rubber stamp arbitration awards
National Arbitration Forum basically offers a rubber stamp to debt collectors already, and they argue that courts should turn their awards into court judgments without looking too closely...
Nursing Homes Demanding Arbitration/How To Draft A Power Of Attorney To Prevent Arbitration
Family members who sign their loved ones into nursing homes are often automatically signing arbitration agreements without realizing they are signing away rights to a jury trial if the nursing home neglects or abuses a resident...
"Silent" Arbitration Agreements are Consistently Found to Authorize Class Wide Arbitration
Conventional wisdom among defense counsel has long been that arbitration is the preferable forum for resolving individual employment disputes such as wrongful termination, discrimination and sexual harassment...















