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Tag Archives: Arbitration

Fair Credit Reporting Act claims headed to arbitration (access required)

Where the lending institution demonstrated the plaintiff’s Fair Credit Reporting Act claims were covered by an arbitration agreement signed by the plaintiff, and the plaintiff provided no competent contrary evidence, the court ordered the parties to arbitration and dismissed the ...

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Agreement gave arbitrator power to decide what issues must be arbitrated (access required)

Where an agreement contained a provision that required one party to submit all claims over $1,000 to arbitration but allowed the other party to pursue certain claims in court, and gave the arbitrator right to what disputes should go to ...

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Attorneys’ fees award vacated over improper enhancement (access required)

An arbitration panel’s enhancement of an attorneys’ fees award above the amount calculated by multiplying the reasonable number of hours expended on the case by a reasonably hourly rate was vacated because the panel failed to explain why the base ...

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No sanction for argument that wasn’t clearly invalid (access required)

A defendant was properly sanctioned for raising arguments that the district court had already rejected, but he should not have been sanctioned for arguing that the class action arbitration waiver violated the NLRA and that the confidentiality provisions were unconscionable ...

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Agreement was insurance contract, arbitration clause void (access required)

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

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Arbitrators exhibited ‘manifest disregard of the law’ (access required)

A panel of arbitrators, ignoring previous guidance from the court, disregarded the law that FINRA rules provide no private right of action. The court remanded with specific instructions that a broker’s counterclaims be considered by a different FINRA arbitration panel. ...

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Issues of arbitrability to be arbitrated (access required)

Incorporating the Rules of the International Chamber of Commerce into the Aircraft Management arbitration agreement constituted “clear and unmistakable evidence” of the parties’ intent to arbitrate issues of arbitrability. Background On May 23, 2018, GlobalOne Management Group Limited filed a ...

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