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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.
(d) Motions to Dismiss. Upon request of a party, hearings on motions to dismiss shall be scheduled as soon as practicable, but no later than 30 days prior to the date set for trial on the merits, unless the court shall otherwise order in the exercise of discretion.
Each of the matters of which an admission is requested shall be deemed admitted unless within 30 days after such service the party requested serves a copy thereof to the party requesting such admission, or his or her attorney or non-attorney representative, either a sworn denial thereof or a written objection on the ...
This law provides that arbitration agreements are generally valid and enforceable. The major exception to this provision is that the arbitration agreement is not enforceable if it violates the general law of contracts ? which applies to all contracts under the law of the state that governs the agreement.
An arbitration agreement is 'null and void', if it does not have a legal effect due to the absence of consent.
The court shall not consider any brief or memorandum of law after a case has been argued or submitted, unless the court has granted to the party offering to file the brief or memorandum of law special leave to do so in advance.
Even if you don't currently have a dispute with the company, it is a good idea to opt out of the forced arbitration clause to preserve your options. You can always agree later to use an arbitrator to resolve any dispute. Moreover, if you have opted out, you will have more negotiating power if there is a problem.
Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties.
Rule 5. (c) If the parties are unable to reach agreement as to any of the matters set forth in Rule 5(a), or if the court rejects their proffered stipulations, the matter shall be scheduled for a telephonic case structuring conference between the court and counsel, or parties if unrepresented.
Transfer of Cases. (1) When any party files a motion in any superior court requesting the transfer of a case, or of a proceeding therein, to another superior court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer.