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| | Enforcement of Foreign Arbitration Agreements and Awards |
 | | Arbitration procedures are not, and need not be, the same as those of the courts. | | | Although the states are without power to undercut the enforceability of arbitration agreements where the Federal Arbitration Act or the New York Convention applies, the contracting parties may opt to apply the substantive law of a particular state to the to resolve the dispute. | | | In enacting the Federal Arbitration Act Congress withdrew the power of state courts to require a judicial forum with regard to a dispute which the parties to the contract agreed should be arbitrated. |
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http://www.mcandl.com/arbitration.html
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| | The enforcement and validity of arbitration agreements |
| | The arbitration clause was construed narrowly, not broadly. | | | Where an employer filed a petition to compel arbitration of a former employee's discrimination claims in the state court and lost, the federal courts were without jurisdiction, under the rooker feldman doctrine, to apply arbitration enforcement law to the federal petition to compel arbitration. | | | Arbitration clauses are unenforceable in Montana if (applying general contract law not specially designed for arbitration clauses) the clause is unconscionable or fails to meet the reasonable expectations of the parties or is against public policy. |
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http://www.lawarbitration.net
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| | CATHOLIC ENCYCLOPEDIA: Arbitration |
| | Arbitration is voluntary when it is freely invited, or accepted by the parties to the controversy, without reference to law, when only good faith is involved in the acceptance of the decision. | | | Arbitration in a general sense, is a method of arranging differences between two parties by referring them to the judgment of a disinterested outsider whose decision the parties to a dispute agree in advance to accept as in some way binding. | | | Arbitration is governmental when civil authority provides encouragement, opportunity, boards, of which employers and labourers may avail themselves in case of dispute. |
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http://www.newadvent.org/cathen/01682b.htm
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| | Ross' Arbitration Blog |
| | The trial court denied arbitration on the ground that the arbitration agreement was unconscionable. | | | The Supreme Court said that unless there is a claim that the arbitration agreement itself was procured by fraud, a court should send to an arbitrator the question of whether the underlying contract is voidable. | | | The employee then sued in state court, and the employer removed the case to federal court and moved to compel arbitration. |
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http://www.lawmemo.com/arbitrationblog
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| | Arbitration |
| | The Court seemed uncomfortable with an arbitration panel's ability to protect a plaintiff's rights under the federal securities laws because the arbitrators are not required to issue rulings in compliance with law. | | | The arbitration of disputes results generally from an agreement of the parties to waive their right to a court adjudication and limit their remedies to those available in arbitration. | | | Arbitrators should be given maximum authority over identifying issues of a dispute, ordering the production of key documents or information, requesting briefs, and making scheduling orders designed to quickly and fairly resolve disputes. |
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http://classes.washburnlaw.edu/rami/Publications/arbitrat1.htm
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| | Wikipedia:Arbitration Committee - Wikipedia, the free encyclopedia |
| | The Arbitration Committee exists to deal with only the most serious disputes and cases of rule-breaking. | | | But I regard that as unlikely, and I plan to do it about as often as the Queen of England dissolves Parliament against their wishes, i.e. | | | (In case of early departures, new Arbitrators may be appointed to fill the balance of unexpired terms.) The current schedule on which positions will be up for election is as follows: |
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http://en.wikipedia.org/wiki/Wikipedia:Arbitration_Committee
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| | Arbitration |
| | The arbitrator retained jurisdiction and remanded the issue to the parties for further discussion consistent with the findings in the decision. | | | C-22742, National Arbitrator Dennis Nolan, December 3, 2001: The proper remedy for a wrongful conversion of city deliveries to rural is reconversion of those deliveries and the award of new deliveries established within the line of travel for the challenged deliveries, to be implemented within 60 days. | | | NALC contract enforcers may obtain arbitration decisions directly from the offices of the National Business Agents. |
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http://www.nalc.org/depart/cau/arbitrat.html
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| | Better Business Bureau Dispute Resolution |
| | Additional remedies may be awarded in an arbitration proceeding only if the remedy is included in the company's precommitment with the BBB or if it is agreed in writing by all parties that the arbitrator may award the specific remedy. | | | The Agreement to Arbitrate is intended to be a general outline of the dispute, not an argument of your case. | | | Arbitrators are not bound to apply legal principles in reaching what the arbitrator considers to be a fair resolution of the dispute. |
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http://www.dr.bbb.org/ComSenseAlt/bindArb.asp
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| | [No title] |
| | Arbitration proved its effectiveness as a dispute resolution mechanism during and after the American Civil War.[2] This positive experience led to the desire for institutionalization of international adjudication, and subsequently the Permanent Court of Arbitration was created in 1899. | | | Arbitration allows the parties to determine the seat and rules of procedure through a contractual arbitration clause, and hence preempts conflicts over jurisdiction. | | | The fact that arbitration allows parties to determine the rules of procedure is particularly advantageous in cases where companies involved in commercial and investment disputes are founded in and governed by different legal systems. |
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http://www.beyondintractability.org/m/arbitration.jsp
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| | NASD - Arbitration & Mediation - Start an Arbitration or Mediation |
| | Arbitrators decided the outcome in 1,365 of those cases and in 725 cases (53 percent of the decisions) arbitrators awarded damages to investors. | | | Arbitration is final and binding, subject to review by a court only on a very limited basis. | | | In arbitration, an impartial person or panel hears all sides of the issues as presented by the parties, studies the evidence, and then decides how the matter should be resolved. |
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http://www.nasd.com/web/idcplg?IdcService=SS_GET_PAGE&nodeId=521
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| | Securities Arbitration Home Page - from SECLaw.com |
| | For use in an NASD arbitration, this form is used to compel a party or a member firm, or an associated person to produce documents in an NASD arbitration. | | | Once again a court has confirmed that if an arbitration proceeding is not transcribed, a reviewing court may not be able to determine from the record whether the arbitral award should be vacated. | | | For use in NASD Arbitrations, this form is used to have an NASD member, or associated person appear and testify an an arbitration hearing. |
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http://www.seclaw.com/centers/arbcent.shtml
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| | Arbitration Provision |
| | The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of any party, shall provide a brief written explanation of the basis for the award. | | | This Arbitration Provision sets forth the circumstances and procedures under which a Claim or Claims (as defined below) may be arbitrated instead of litigated in court. | | | Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. |
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http://www.key.com/arbitration
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| | deseretnews.com Doctors seek to head off lawsuits |
| | Utah's medical arbitration employs a panel of three, one an individual selected by the physician, one by the patient and the third an attorney who has been trained and certified in arbitration by the state. | | | Even malpractice attorneys employ arbitration agreements in case of fee disputes, he added. | | | He's both a certified arbitration attorney and general counsel for the Utah Medical Insurance Association, the medical community's not-for-profit "self-insurance" company. |
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http://deseretnews.com/dn/view/0,1249,515038681,00.html
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| | Arbitration Information |
| | By putting a bit more emphasis into the CORRECT execution of the arbitration agreement, you may help assure that many more of your arbitration agreements are enforceable by a court of law. | | | It is imperative that the patient receives the yellow page of the arbitration agreement as it discusses their legal rights regarding revocation of the agreement. | | | in which arbitrators render a decision after a hearing at which both parties have had an opportunity to be heard. |
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http://www.cap-mpt.com/riskmanagement/arbitration.html
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| | What is Arbitration? |
| | ABSTRACT: At its core, arbitration is a form of dispute resolution. Arbitration is the private, judicial determination of a dispute, by an independent third party. | | | Directly by the disputing parties (by mutual agreement, or by each party appointing one arbitrator) 2. | | | Parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest. |
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http://www.mediate.com/articles/grant.cfm
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| | Public Citizen Arbitration - Arbitration: Preserving Citizen Access to Courts |
| | Arbitration clauses are achieving their intended purpose of undermining consumer protection, civil rights, and other laws that level the playing field between big businesses and individuals. | | | Buried in the fine print of a billing insert, employee handbook, health insurance plan, or dealership or franchise agreement, these clauses waive one's right to access the courts, diverting cases to a costly private legal system that favors defendants. | | | Arbitration - Arbitration: Preserving Citizen Access to Courts |
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http://www.citizen.org/congress/civjus/arbitration
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| | DIRECTORY OF ARBITRATION WEBSITES |
| | In collaboration with the ICCA and with the Permanent Court of Arbitration in The Hague, The Netherlands (Bette Shifman). | | | The 1991 Law on the Arbitration Court is on the site of the Arbitration Court of the Estonian Chamber of Commerce and Industry | | | Also the site of the Permanent Court of Arbitration dedicates a page to the limited subject of ICCA's publications at http://www.pca-cpa.org/icca.htm |
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http://www.arbitration-icca.org/directory_of_arbitration_website.htm
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| | ICANN Uniform Domain-Name Dispute-Resolution Policy |
| | Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. | | | Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider. |
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http://www.icann.org/udrp/udrp.htm
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| | Arbitration |
| | Through its affiliation with ICC, USCIB’s Arbitration Committee serves as the primary contact point in North America for information about the ICC International Court of Arbitration® (the ICC Court) and ICC’s wide range of dispute resolution services. | | | · Nominate Americans to serve as members of the Court and as ICC arbitrators, and act as a referral source for parties seeking arbitrators, mediators, experts and/or counsel in ICC arbitration proceedings. | | | Serve as a contact point for the ICC Court in North America. |
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http://www.uscib.org/index.asp?documentID=808
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| | National Arbitration Forum |
| | Since 1986, NAF has been expertly resolving legal disputes for judges and litigants in court-ordered ADR, private parties who select NAF-administered arbitration or mediation for their case, and parties utilizing state and federal dispute resolution programs. | | | High litigation costs and the time-consuming nature of lawsuits can be a deterrent to anyone needing to solve a legal problem. | | | Located nationally and internationally, NAF's 1,500 highly-rated neutrals are all former judges and seasoned attorneys who understand the law and apply it objectively. |
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http://www.arbitration-forum.com
(510 words)
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| | Alternative Dispute Resolution - MegaLaw.com |
| | LEGAL NOTICE - The information provided by MegaLaw.com is 'AS IS' without any warranty of any kind. | | | Arbitration Rules Issued by International Institutions (Parker School Guides to International Arbitration) | | | INCORE, the Initiative on Conflict Resolution and Ethnicity |
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http://www.megalaw.com/top/alternative.php
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