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Tag Archives: Arbitration

Panel did not disregard law in ruling for investors (access required)

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

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Tribal choice-of-law provisions are unenforceable (access required)

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...

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Prospective waivers render agreements unenforceable (access required)

Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...

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Company’s evidence does not establish arbitration agreements (access required)

The company could not produce arbitration agreements with the named plaintiff and 71 opt-ins. An affidavit about its corporate policy of requiring agreements was insufficient without testimony from persons personally involved in the onboarding process. And while the company produced ...

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Lack of Chinese counsel or interpreter no defense to agreement (access required)

A company president who signed three agreements with a Chinese company that contained clauses requiring arbitration of any disputes in China could not use his unilateral decision not to hire his own Chinese counsel or his own independent Chinese interpreter ...

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Arbitrator’s interpretation of ‘good cause’ was OK (access required)

Where the collective bargaining agreement between Safeway and its union did not define what constitutes “good cause” to terminate an employee, the arbitrator’s decision to reinstate the grievant was not an irrational interpretation. However, because Safeway’s position was plausible and ...

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Change of circumstances negated arbitration exclusion (access required)

Where an agreement involving defense contractors excluded Title VII claims from arbitration “unless and until federal law no longer prohibits the Firm from mandating arbitration of such claims,” and PricewaterhouseCoopers LLP no longer performs the work that prohibited mandatory arbitration, ...

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