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Similarly, New York's CPLR Section 7515 renders mandatory arbitration agreements unenforceable when it comes to claims of discrimination.
Under Indian law, the kinds of disputes that can't be resolved by arbitration include: Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions.
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.
Non-signatory/third party has direct relationship with the signatory to arbitration agreement. The transaction amongst parties (signatory and non-signatory) is a composite transaction. There exists commonality of the subject matter under the agreements governing relationship between a parties.
The term "mandatory arbitration clause" shall mean a term or provision contained in a written contract which requires the parties to such contract to submit any matter thereafter arising under such contract to arbitration prior to the commencement of any legal action to enforce the provisions of such contract and which ...
While you technically have the choice not to sign an arbitration agreement that appears to be skewed more to your employer's benefit, the employer can simply rescind its offer of employment if you refuse to sign.
Superior Court, provides another example of how California courts scrutinize what may otherwise appear to be reasonable arbitration rules. Parties that are not signatories to an arbitration agreement may still, in certain circumstances, enforce the agreement to compel arbitration when litigation arises.
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.