Tag Archives: Arbitration

Parties challenging arbitration don’t get hearing (access required)

Where there was no dispute over the existence of the agreement to arbitrate nor the making of the arbitration agreement, parties challenging an arbitration clause in their loan agreements were not entitled to an evidentiary hearing. Background Plaintiffs bring this ...

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Shorter time frame does not render arbitration pact unconscionable (access required)

Where a truck driver claimed an arbitration agreement involved in resolving a dispute with his employer was unconscionable because it shortened all applicable statutes of limitation to one year, the limited time period was not unreasonably short, and the agreement ...

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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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