Analysis Cases In Arbitration - Research Paper Example

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The paper "Analysis Cases In Arbitration" describes arbitration can be considered as one of the ADR methods. This is a legal method of resolving conflicts out of court. The conflicting parties are inclined to report on this issue to one or more interested parties…
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Analysis Cases In Arbitration
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Download file to see previous pages The U.S. Court of Appeals had declined to reassess the decision made by the en banc on February 1, 2012, in the case of Italian Colors Restaurant v. AET Related Services Co. Owing to this reason, the Supreme Court of the US is quite likely to be requested to revisit the issue related to class action waivers in the arbitration agreement by the US Court of Appeals. The dispute arose because of the fact that the Second Circuit denied offering an en banc rehearing. The chief judge, as well as four other judges, asserted that the case must be reheard which led to splits among the judges grounded on the protest that the Ninth Circuit was not being followed. In Italian Colors, it can be observed that the Second Circuit panel did not impose the class action waiver in relation to AE arbitration agreement considering that it would prevent the claimant from impeaching its federal antitrust claims. In the complaint, the Plaintiff claimed that the merchant contract disobeyed the SA. The merchant contract comprised of the arbitration provision that needed all claims that arose from agreement to be decided by means of arbitration. The SC on remand will face the concern of whether class-action waivers in case of arbitration agreements are unconscionable just because they prevent disputes from being resolved by ways of class proceedings. In an order list that was published within a week after the decision, it was found that the Supreme Court provided a writ of certiorari and thus evacuated and remanded the case of AE v. ICR.merican Express v. Italian Colors Restaurant. The court further ordered the Second Circuit to reassess its decision in relation to the unenforceability of class-action waiver in light of the Stolt-Nielsen opinion (Consumer Financial Service Group, “Second Circuit Splits with Ninth Circuit on Enforcement of Class Action ...Download file to see next pagesRead More
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