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Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Compulsory arbitration is arbitration of labor disputes which laws of some communities force the two sides, labor and management, to undergo. These laws mostly apply when the possibility of a strike seriously affects the public interest .
Sherman Act claims are arbitrable, even when contract calls for arbitration before a foreign panel. Shearson/American Express Inc. v. McMahon, 482 U.S. 220 (1987). Securities fraud claims under the Securities Exchange Act of 1934 are arbitrable. Perry v. Thomas, 482 U.S. 483 (1987) Volt Inf. Sciences v. Stanford Univ., 489 U.S. 468 (1989 ...
The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in a separate law on arbitration (as is the case in England, Republic of Korea and Jordan [24]). In addition to this, a number of national procedural laws may also contain provisions ...
While many states have adopted some version of the Uniform Arbitration Act, the Revised Uniform Arbitration Act, or the Uniform Mediation Act, there are also many laws and regulations that create or mandate various forms of dispute resolution unique or particular to the specific state in which it was enacted. There are multiple rules and laws ...
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
The Federal Arbitration Act (FAA) 9 U.S.C. § 1 was enacted in 1925, and allowed for disputes related to contractual agreements to be settled through arbitration outside of the judicial system. The FAA includes allowances for contracts to contain provisions for compulsory and binding arbitration agreements.
An Arbitration Fairness Act of 2011 has been proposed to reverse this, urging that "employees have little or no meaningful choice whether to submit their claims to arbitration". [286] It remains unclear why NLRA 1935 §1, recognizing workers' " inequality of bargaining power " was not considered relevant to ensure that collective bargaining can ...