A hot issue percolating among the states is whether a clause in a will or trust requiringalternative dispute resolution — usually arbitration — should be enforced by the courts. While initially courts ...
When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, ...
Arbitration remains a prominent method for dispute resolution outside of the formal judicial system. As a substitute to litigation, the arbitration process is intended to provide a final disposition ...
The Ninth Circuit’s unpublished decision in Shanahan v. IXL Learning, Inc. could make it easier for companies to enforce arbitration clauses in online terms and conditions. The court found that ...
Landlords and property managers are increasingly adding arbitration clauses with class action waivers to their residential leases. These lease provisions can protect landlords from the significant ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The Maryland Supreme Court last week agreed to take up two civil cases focusing on a final protective order and on the enforceability of a consumer arbitration agreement. Both cases will be heard ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The case is mostly on the issue of whether a part of the arbitration clause that said that any disputes over the enforceability of the arbitration clause have to be resolved in arbitration. Basically ...
The contract does not fail everywhere. It fails exactly where enforcement begins.That sentence, stripped of any jurisdiction ...
PM on a Friday. The counter-party is moving funds. Closing is Monday. There are 72 hours until "the clock" stops the world. Your ...