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Arbitration Fraud Mandatory Arbitration Clauses

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Winstead PC

Court Holds That Mental Competence Claims Regarding The Execution Of Documents Containing Arbitration Clauses Should Be Determined...

Winstead PC on

In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex....more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - Halloween 2019

Hinshaw & Culbertson LLP on

Insurance Coverage – Computer Fraud – E-Mail "Spoofing" - Trick or Treat Editors' Note: Does anything cause deeper mortal terror than the prospect of an uncovered loss? In a tale that has an all-too infrequent happy ending...more

Troutman Pepper Locke

Arbitration By Estoppel: North Carolina Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek To Enforce The Contracts...

Troutman Pepper Locke on

Charlotte Student Hous. DST v. Choate Constr. Co., 2018 NCBC LEXIS 88 (N.C. Super. Ct. Aug. 24, 2018). This case arose from the construction of a student apartment complex known as Arcadia. The plaintiffs, Arcadia’s...more

Carlton Fields

Arbitration Provision Enforceable Despite Questions About Legitimacy Of Remainder Of Agreement

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A New York state trial court has denied a motion to stay arbitration in an action brought by plaintiffs, a private equity firm and its affiliate, against defendants, two of plaintiffs’ former officers, despite plaintiffs’...more

Carlton Fields

Court Affirms Ruling Denying Motion To Compel Arbitration On The Basis That Contract Was Invalidated By Fraud

Carlton Fields on

The Ninth Circuit, in an unpublished opinion, has found that a contract, and therefore an arbitration clause within it, was unenforceable due to fraud in the inception, despite the fact that both parties had ample opportunity...more

Ballard Spahr LLP

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

Ballard Spahr LLP on

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

Carlton Fields

Court Compels Arbitration To Determine The Arbitrability Of Reinsurance Dispute With Captive Insurance Company

Carlton Fields on

In a suit by an auto body company against a captive insurance company for rescission of certain workers compensation reinsurance participation agreements, for disgorgement of $70,000 paid thereunder, and for fraud, breach of...more

Burr & Forman

Should You Litigate In Court or Arbitrate the Dispute?

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Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - Volume IX, Issue 22

In this issue: - Delaware Legislation Banning Fee-Shifting in Bylaws and Charters - CFTC Proposes to Amend De Minimis Threshold for Swaps with Utility Providers - CFTC Grants Recordkeeping Relief for...more

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