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the federal securities laws and derivative suits. Recent Supreme Court decisions however that favor mandatory arbitration … fraud claims as single party arbitration. The article discusses how this would seriously imperil needed remedies to combat …
Persistent link: https://www.econbiz.de/10013107162
justified the inclusion of arbitration agreements in international commercial contracts because the New York Arbitration … easily enforced, and court judgments will more easily recognized in other states. Thus, the choice between arbitration and … Hague Convention with those existing under the New York Arbitration Convention …
Persistent link: https://www.econbiz.de/10014208243
An increasing number of courts, albeit still a minority, refuse to enforce nonmutual arbitration clauses (clauses that … arbitration of at least some of its own claims. This article challenges the view that nonmutual arbitration clauses necessarily … are unfair. Certainly to the extent market forces constrain business (mis)behavior, nonmutual arbitration clauses may make …
Persistent link: https://www.econbiz.de/10014089186
Evaluating human rights damages is one of the most challenging aspects of human rights adjudication. The Ontario Human Rights Code gives decisionmakers jurisdiction to order monetary compensation for injury to dignity, feelings and self-respect. Where discrimination is found, the...
Persistent link: https://www.econbiz.de/10012922051
. Employees had hoped the Court would find that mandatory individual arbitration provisions are illegal because Section 7 of the … Court, however, held that the Federal Arbitration Act requires arbitration provisions to be enforced as written. While the … disputes that are diverted from courts to individual arbitration – including workplace discrimination and sexual harassment, as …
Persistent link: https://www.econbiz.de/10014111885
With the rise of employer-promulgated mandatory employment arbitration, scholars have become concerned that these … 368 Fortune 1000 companies’ employment arbitration policies and their wage and hour violations discovered during the … Department of Labor inspections. Surprisingly, firms that used arbitration were found to have fewer violations and lower back …
Persistent link: https://www.econbiz.de/10015090998
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