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possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363
This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration … effects of these distinctions in that context. It explains that such arbitration is generally private in that it is a closed … confusion regarding the arbitration process that may lead parties to accept arbitration agreements without contracting for …
Persistent link: https://www.econbiz.de/10014182278
Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by...
Persistent link: https://www.econbiz.de/10012962443
In this article the author outlines some difficulties facing the cyber-shopper. These include the practical difficulties of enforcement and redress which arise when a cyber-shopper purchases a defective product from an overseas supplier, or when misleading information is placed on the internet...
Persistent link: https://www.econbiz.de/10012999359
This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...
Persistent link: https://www.econbiz.de/10012999361
Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box before paying the pizza delivery guy or gal? Typical consumers do not ask for or read their contracts prepurchase, and companies have become accustomed to burying purchase terms...
Persistent link: https://www.econbiz.de/10014182259
Consumer fraud (including predatory home loans) is a widespread and serious problem in the United States. To help combat this problem, forty-five states have enacted consumer fraud statutes that provide for attorney's fees to a prevailing plaintiff to address the economic feasibility problem in...
Persistent link: https://www.econbiz.de/10014218872
private regulation by the AAA complements existing public regulation of the fairness of consumer arbitration clauses. Any …Arbitration providers, such as the American Arbitration Association (“AAA”) and JAMS, have promulgated due process … protocols to regulate the fairness of consumer and employment arbitration agreements. A common criticism of these due process …
Persistent link: https://www.econbiz.de/10013121837
This article proposes legislative procedural reforms accounting for the realities of consumer arbitration that have … finding arbitration. Accordingly, this is not a call to ban all pre-dispute arbitration clauses in consumer contracts, but is … warranty remedies through arbitration. The time is ripe for legislative reforms that account for the importance of procedural …
Persistent link: https://www.econbiz.de/10014214518