Proponents of arbitration have long touted the core values of arbitration: speed, efficiency and finality. As arbitration agreements have become increasingly widespread, many critics suggest that the lack of due process protections in arbitration result in unfairness, especially to the classic one-shot player – the consumer or employee. One way to ensure that parties receive … Continue reading Should arbitration transcripts be routine?
Like Sarah (see her 10/8/07 post), I also noticed that Public Citizen released a report on the credit card industry’s use of mandatory arbitration clauses. The report uses plenty of inflammatory language: consumers are being “forced into the shadowy world of binding mandatory arbitration,” arbitration firms “hire arbitrators to rubber-stamp rulings that favor business,” and … Continue reading When Is the Temptation Too Much?
Public Citizen recently issued a report detailing “the arbitration trap” consumers face when they sign up for credit card accounts (http://www.citizen.org/publications/) Public Citizen is a non-profit group that focuses, among other things, on eliminating the use of mandatory arbitration clauses in employment and consumer disputes. The report details many of the problems associated with the … Continue reading Credit Card Companies and Arbitration
Contingent fees for non-binding arbitrators? or What’s good for the goose… Many court systems have adopted a form of mandatory arbitration for certain categories of cases. Though the details vary by jurisdiction, the basic structure is this: Parties file a lawsuit, and are directed to non-binding arbitration in advance of (or in lieu of) trial. … Continue reading Contingent fees for non-binding arbitrators?
On November 7, 2007, the Supreme Court will hear arguments in Hall St. Assocs. LLC v. Mattel, Inc. 196 F. App’x (9th Cir. 2006), cert. granted, 127 S.Ct. 2875 (May 29, 2007) (online merits brief at http://www.abanet.org/publiced/preview/briefs/nov07.shtml#hallstreet). This case will finally address whether parties may agree to expand judicial review of arbitration awards. The federal … Continue reading Supreme Court to Hear Arguments in Case Addressing Whether Parties May Agree to Expand Judicial Review of Arbitration Awards
