So You Say You Want to Arbitrate? Navigating the Unexpected Complexities of Arbitration Provisions

Todd E. Soloway and Bryan T. Mohler explain that although arbitration clauses are widely favored and commonly used, courts ...
Bar and Bench

Best practices in draftsmanship: Arbitration clauses, wills and family settlement agreements

Draftsmanship is one of the quiet strengths of legal practice. A well-crafted sentence can prevent a dispute; a poorly drafted clause can create one. Nowhere is ...

Arbitration is the effective dispute resolution mechanism for commercial disputes: Madras High Court Judge

Justice N. Anand Venkatesh advocates arbitration as the preferred, efficient dispute resolution mechanism for commercial conflicts, emphasizing its growing importance.
Law

The Federal Arbitration Act Might Preempt the New Jersey Legislature’s Recent Attempt to Control Infinite Arbitration Clauses

The law prohibits consumer contracts from containing terms that do not apply to the products or services offered pursuant to the contract. This summer, the New Jersey Legislature passed, and Governor ...
WFTV

‘Stacked against the consumer’: Arbitration clause limits access to courts

LEESBURG, Fla. — A homeowner in Lake County claims a contractor kept his big deposit for a job that was never completed, but an arbitration clause is denying him a day in court. Action 9 investigates ...
Santa Monica Daily Press

Beware of Mandatory Arbitration Clauses in Rental Leases

In December 2015, a fire broke out in an apartment building on Ocean Front Walk in Santa Monica. Fortunately, no one was injured; but the fire rendered the apartments uninhabitable. Most of the ...
CNN

Disney’s not alone in saying your clicks means you can’t sue

Every day, consumers may be unknowingly signing away their rights to sue companies – such as online retail platforms, gig economy apps, and streaming services – even if the claims have no relation to ...
planadviser.com

Proposed Legislation Would Ban Mandatory Arbitration and Discretionary Clauses

The Mental Health Matters Act would, among other things, ban forced arbitration clauses, class action waivers, discretionary clauses, and representation waivers in ERISA-governed plans. The Mental ...