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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 .
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.
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 act was drafted as a model arbitration statute to allow each U.S. state to adopt a uniform law of arbitration, instead of having each state enact a unique arbitration statute. The act was updated by the Uniform Law Commission in the year 2000. [1] The new act, called the "Revised Uniform Arbitration Act" has been adopted by eighteen states. [2]
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.
Chapter 3: Inter-American Convention on International Commercial Arbitration; Chapter 4: Arbitration of Disputes Involving Sexual Assault and Sexual Harassment; The Inter-American Convention on International Commercial Arbitration was adopted on 30 January 1975 and entered into force for the United States on 27 October 1990. [1]
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Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.