In a recent ruling on the arbitrability of the parties 'dispute, Judge Martinez wrote: "PBC's attempt to side-step Article II and shoot for Article XXVI is as errant as a typical Shaquille O'Neal free throw." ❋ Unknown (2007)
So many employees have signed employment contracts containing arbitration clauses similar to Sheen's, however, that this may be the rare occasion when the issue of arbitrability is of interest to general readers. ❋ Victoria Pynchon (2011)
Mr. Sheen contends that the arbitration clause is unconscionable, and for this reason, the arbitrator cannot decide arbitrability. ❋ Victoria Pynchon (2011)
JAMS of "concluding in its own self-interest the issue of arbitrability." ❋ Victoria Pynchon (2011)
Courts will refrain from deciding arbitrability in cases where that issue is properly delegated by the parties to the arbitrator. ❋ Victoria Pynchon (2011)
An arbitrator or arbitration provider cannot decide arbitrability because they have a vested interested in deciding in favor of arbitration. ❋ Victoria Pynchon (2011)
The clause delegating arbitrability to the arbitrator is unclear because the ❋ Victoria Pynchon (2011)
The complaint that "arbitrators cannot possibly be the right persons to decide arbitrability because they are personally interested in arbitrating" was rejected by the courts long ago. ❋ Victoria Pynchon (2011)
Supreme Court held that when an agreement covered by the Federal Arbitration Act (FAA) delegates the authority to determine the arbitrability of the agreement to the arbitrator, claims that challenge the enforceability and validity of an agreement as a whole will be determined by the arbitrator. ❋ Unknown (2010)
I am returning only the arbitrability of the due process claim, and I am expressing no opinion with respect to any other claim or with respect to any claim for relief. ❋ Roger Alford (2010)
During the hearing Judge Bates was very intrigued by the argument, but frankly it was impossible to tell which way he would rule on the arbitrability question. ❋ Roger Alford (2010)
Consistent with the arbitrability doctrine, a competing federal statute overrides the general requirements of the FAA, precluding arbitration of the contract claims. ❋ Roger Alford (2010)
The bill fails to do good things in that it wants to take Title VII out of arbitration territory but ONLY for federal military contractors, and I don't understand why Title VII shouldnt be arbitrated, and I don't understand why non-arbitrability of Title VII should apply only to federal military contractors, and it doesn't even begin to attempt an explanation. ❋ Unknown (2009)
___ (2010), that, when an agreement delegates the authority to determine the arbitrability of the agreement to the arbitrator, claims which challenge the enforceability and validity of an agreement as a whole will be determined by the arbitrator, while claims which specifically challenge the enforcement of the delegation provision will be considered by the district court. ❋ Unknown (2010)
Dispute Resolution Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by AdvanceLoan. net, or to any acts or omission for which you may contend AdvanceLoan. net is liable, including but not limited to any controversy or claim as to arbitrability ( "Dispute"), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. ❋ Unknown (2009)
