arbitration | BlueMauMau

SCOTUS Grants Certiorari in Consumer Arbitration Cases

Posted Thu, 2010/02/04 - 22:21 by Corbin Williston

The U.S. Supreme Court will hear two cases regarding the power of an arbitrator to determine his own jurisdiction.

New Auto Dealers Arbitration: Faster, Cheaper

Posted Wed, 2010/01/13 - 17:11 by Peter Silverman

Congress just passed a bill to allow terminated auto dealers to arbitrate their termination under an expedited procedure. The procedure highlights the issue of faster, cheaper, that I've been discussing.

Donaldson Company v Burroughs Diesel

Posted Fri, 2009/10/02 - 22:28 by Corbin Williston

Where a contract contains an arbitration clause, may a non-signatory force a signatory to arbitrate? That depends on the facts, says the 8th Circuit in reversing the Eastern District of Missouri in the latest chapter of an 8 year-long litigation.

Covenant Health v. Moulds

Posted Mon, 2009/09/21 - 16:53 by Corbin Williston

Citing to leading franchise law cases, the Supreme Court of Mississippi issued a blistering attack on unconscionable arbitration clauses and reversed the appellate court.

Parada v Superior Court (Monex Deposit Co)

Posted Sun, 2009/09/20 - 21:02 by Corbin Williston

Requiring three neutral arbitration & prohibiting class actions can render an arbitration clause unenforceable, rules a California appellate court in a case of significant importance to franchisees.

High Arbitration Cost May Render Fee-Split Clause Unenforceable

Posted Sun, 2009/08/02 - 17:35 by Paul Steinberg

Are high arbitral fees grounds for voiding a fee-splitting provision? A divided NY appellate court reviews US Supreme Court decisions and answers "Yes".

Government Relief Not Barred by ADR

Posted Sun, 2009/08/02 - 15:00 by Paul Steinberg

The Attorney General may obtain victim-specific relief notwithstanding an arbitration clause in the victim's contract, rules the NY Court of Appeals relying on US Supreme Court precedent.

AAA Joins NAF, Quits Arbitrating Consumer Debt Disputes

Posted Sat, 2009/07/25 - 01:25 by Deepak Gupta

The Wall Street Journal is reporting that the American Arbitration Association "will stop participating in consumer-debt-collection disputes," at least--according to an unnamed AAA official quoted in the story--"until some standards or safeguards are established."

2 Major Firms Abruptly Withdraw from Credit-Card Arbitration

Posted Wed, 2009/07/22 - 17:44 by Dave Tanaka

Two important companies are withdrawing from arbitrating disputes between customers and their credit-card and cellphone companies.

2d Circut Holds Class Action Waiver Unenforceable

Posted Thu, 2009/02/05 - 00:24 by Paul Steinberg

On January 30 the US Court of Appeals for the Second Circuit issued a ruling with broad ramifications for franchise disputes.

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