Tag: Arbitration
Clickwrap, Browsewrap and Mixed Media Contracts
Article
Two lawyers describe a case in which a signed contract did not include an arbitration clause, but instead included an Internet link to terms and conditions that included such a clause.
Three Appellate Courts Remand for Trial on Existence of Agreement to Arbitrate
Article
For contract negotiators, it is critical to obtain (and retain) a signed copy of the final agreement including the arbitration clause, writes Liz Kramer in Stinson Leonard Street’s ArbitrationNation.com.
Confusing Contracts Language as Litigation Strategy?
Article
Myanna Dellinger of the University of South Dakota School of Law has posted a discussion of a recent case in which a judge faulted Uber with presenting its drivers with a contract that was “likely, frankly, to engender confusion.”
Choose Words Carefully in Dispute-Related Contract Clauses
Article
A couple of words here or there in a contract can make a huge difference, particularly when those words relate to what happens if there is a breach or some other dispute between the parties, writes Shep Davidson.
Remedies for the Rogue Arbitrator
White Paper
Most arbitrations run smoothly, the paper says, but “arbitrators should be ready for the exceptional case, which can be occasioned by another arbitrator or counsel.
USSC Rejects Refusal to Enforce Arbitration Provision
Article
Arbitration agreements that waive class actions or class arbitration are enforceable. And state-court judges must enforce them.
Two Recent Arbitration Cases Address Impact of Underlying Contract Provisions
Article
The trends of delegating arbitrability questions to the arbitrator, and precluding parties from contractually modifying appellate rights, are here to stay.
State Limitations on Arbitration with Class Action Waivers Again Before Supreme Court
NEWS
The latest of a line of recent cases in which the U.S. Supreme Court has weighed the enforceability of class action waivers in arbitration agreements was before the court on Oct. 6.
CFPB Proposes Banning Some Arbitration Clauses, Resurrecting Consumer Contract Class Actions
NEWS
The announcement follows the CFPB’s publication of a three-year study on arbitration that concluded that consumers generally are better served through litigation.
