A Predispute Arbitration Clause – Arbitration Agreement Explained

predispute arbitration clause

Agreeing to arbitration before a dispute: in most signed contracts, there are predispute arbitration clauses.  Businesses and companies have been implementing arbitration as a way to resolve disputes outside of traditional litigation.  It creates a space for parties to resolve disputes confidently and efficiently while still issuing a binding decision for the parties to follow. …

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What is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution (ADR) is a blanket term used to speak to a series of defined processes that conflicting parties can use as an alternative to traditional litigation. The principle is comprised of two traditional methods for settling disputes that opposing parties may opt for when an agreement is being sought. The first is mediation, …

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Arbitration Pros and Cons and Do’s and Dont’s

When considering whether arbitration may be the best option for your claim, it is incredibly important to consider the arbitration pros and cons.  While arbitration has many benefits that make choosing arbitration the best option in a variety of cases, there are occasionally disadvantages that may make parties consider other options for dispute resolution.  This …

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Should I sign an arbitration agreement? Everything You Need to Know

If you have ever signed a contract of any kind, you have probably asked, “Should I sign an arbitration agreement?”  The most common place that people may see an arbitration agreement that gives them pause is in an employment agreement.  Many companies have been begun to include arbitration agreements in their contracts with employees because …

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How to Prepare for a Real Estate Arbitration?

How to prepare for a real estate arbitration? When problems arise in buying or selling real estate, many participants have started to turn to real estate arbitration and mediation.  Buying and selling real estate is a big decision, whether it is a family home or a giant corporate center.  Negotiating and agreeing on a price …

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Final Offer Arbitration – Law & Legal Terms Explained

When collective bargaining reaches an impasse, the usual next step is a strike.  For some essential public employees, such as firefighters and police officers, there is no right to strike.  In such situations, the next step is usually conventional arbitration.    But conventional arbitration has been criticized because arbitrators supposedly arrive at awards by “splitting …

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Determining Arbitrability in the Second Circuit (Part III of III)

By Hon. Henry Pitman (Ret.) Continued from Part II of III… Arbitrability Belton v. GE Capital Retail Bank, 961 F.3d 612 (2d Cir. June 16, 2020), petition for cert. filed, No. 20-481 (Oct. 14, 2020): Plaintiffs had opened accounts with defendant credit card companies; the cardmember agreements contained arbitration clauses. Plaintiffs’ accounts became delinquent, and …

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Binding Effect in Arbitration Agreements (Part II of III)

By Hon. Henry Pitman (Ret.) Continued from Part I of III… Binding Effect of an Arbitral Decision Ninety-Five Madison Co. v. Vitra Int’l AG, No. 20-1432, 2020 WL 7086186 (2d Cir. Dec. 4, 2020) (summary order): A Landlord and a commercial tenant entered into a settlement agreement in which the landlord approved the tenant’s making …

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