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The Court opined that the Federal Arbitration Act (FAA) establishes liberal federal policy favoring arbitration agreements, and such agreements may only be overridden when there is a contrary Congressional command. CompuCredit Corp. v. Greenwood, 132 S.
How to Protect Yourself Against Forced Arbitration Look for arbitration language. Information regarding forced arbitration is usually buried in the company's terms of use or legal terms and conditions. ... Opt-out when you can. ... Submit official complaints. ... Negotiating using the legal leverage you have.
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
Practice Pointer: Parties ignore arbitration proceedings at their peril. Refusing to participate in an arbitration will not prevent an arbitration award against that party once it has agreed to arbitrate.
If a party to an arbitration wishes to challenge an award for any reason, they need to make an application to a court except in the rare case where the parties' agreement provides for some type of appellate proceeding within the arbitration.
Recognition or confirmation of an award is usually sought by filing a petition. The party seeking recognition and enforcement or confirmation of an award must submit to the court a copy of the award and the parties' arbitration agreement.
Arbitration agreements are generally enforceable in all 50 states; particularly in commercial settings between sophisticated parties. However, courts in many states are hostile to ?fine print? arbitration agreements, particularly between employers and employees.
Recognition or confirmation of an award is usually sought by filing a petition. The party seeking recognition and enforcement or confirmation of an award must submit to the court a copy of the award and the parties' arbitration agreement.