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Arbitration panels are composed of one or three arbitrators who are selected by the parties. They read the pleadings filed by the parties, listen to the arguments, study the documentary and/or testimonial evidence, and render a decision. The panel's decision, called an "award," is final and binding on all the parties.
The Court of Appeals made clear that an arbitration clause need not always been signed by both parties in order to be enforceable. The Court can look to other factors to determine whether there was assent to the arbitration clause. Whether arbitration is in your best interest is case specific.
(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
The Madras High Court has ruled that non-signatories to arbitration agreement can be referred to arbitration by invoking the 'doctrine of alter ego' only in exceptional cases where there is convincing evidence that the non-signatory is the 'alter ego' of the signatory.
A party is deceived, intimidated, or coerced during the execution of the arbitration agreement and requests a declaration that such arbitration agreement is invalid; and. The arbitration agreement violates prohibitions specified by the law.
In order to enforce an arbitration provision in an unsigned contract, there must still be an underlying enforceable agreement. An unsigned agreement may nonetheless be enforceable if the conduct of the party resisting enforcement demonstrates its agreement to the contract.
A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided.