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Sundra Rajoo and W S W Davidson. The Arbitration Act 2005: UNCITRAL Model Law as Applied in Malaysia. Sweet & Maxwell Asia. 2007. Reviewed at (2008) 10 Asian Dispute Review 32 and (2007) 15 IIUM Law Journal 149; Sundra Rajoo and W S W Davidson, "The Malaysian Arbitration Act 2005 and the UNCITRAL Model Law" (2006) 8 Asian Dispute Review 80
Nowadays many countries have adopted arbitration laws based on the UNCITRAL Model Law on International Commercial Arbitration. This works with the New York Convention so that the provisions on making an enforceable award, or asking a court to set it aside or not enforce it, are the same under the Model Law and the New York Convention.
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.
American Arbitration Association AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES. To file a claim: 1. Please fill out this form and retain one copy for your records. 2. Mail two copies of this form to the American Arbitration Association’s Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. Please include ...
Since some of these have applied to the expanded use of arbitration clauses in contracts of adhesion between companies and consumers, some consumer advocates and legal scholars have criticized the decision as the inadvertent opening wedge of an assault on the right to litigate, and a weakening of state contract law and the Erie Railroad ...
AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), is a legal dispute that was decided by the United States Supreme Court. [1] [2] On April 27, 2011, the Court ruled, by a 5–4 margin, that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-wide arbitration, such as the law previously upheld by the California Supreme Court in the case of ...
So-called forced arbitration clauses say that in the event of a dispute, you won't be able to file a class-action suit. Instead, your dispute will be settled one-on-one in a private arbitration forum.
The Ninth Circuit court determined that the contract's arbitration clause, which precluded class arbitration, was unconscionable under California's Discover Bank rule. The rule allowed for a class action suit "where a party with superior bargaining power was alleged to have cheated large numbers of consumers out of individually small sums of ...