The test to determine if a party has waived its right to arbitrate
generally consists of three elements.
We cannot say that the timing of the offer is such that Simpson has not afforded Libya a 'reasonable opportunity' to arbitrate
Unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate
is to be decided by the court, not the arbitrator.
The court established a new precedent by deciding to ratify the arbitral award concerning an arbitration agreement which was not specifically signed by one of the contracting parties nor was it signed by a holder of a specific power of attorney to agree to arbitrate
on behalf of one of the contracting parties.
The basis for the company's contention that she was obligated to arbitrate
her claims was a few sentences that appeared on the application Roman filled out when she first applied for a job at the company 10 years earlier.
Under normal circumstances, Fifa would only arbitrate
in non-domestic transfer disputes but the thorny issue of Tevez's ownership prompted both clubs to ask for their help.
If the request to arbitrate
is approved, the team manager will schedule a conference or conference call that will include a representative from the Chief, Appeals, Office of Tax Policy and Procedure.
The district refused, contending that it had the unilateral right to determine whether to arbitrate
a grievance and contending that the faculty members' complaints should be resolved through collective bargaining.
State and federal courts have routinely upheld pre-dispute agreements between employers and individual employees to arbitrate
various statutory employment claims.
NYSE will only arbitrate
discrimination cases when parties involved agree to arbitrate
after the dispute occurs.
Sue's divorce mediation practice is currently being threatened by judges who will not refer cases to Sue as long as she will not arbitrate
divorce cases at their demand.
In Waffle House, the employee signed an agreement to arbitrate
all employment disputes.
Requiring all applicants and employees to agree that they must arbitrate
any employment discrimination claim as a condition of employment is now lawful under federal as well as Hawaii law.
However, a well-developed body of case law now has emerged under the act, identifying several situations where a nonsignatory to an arbitration agreement still may be bound to arbitrate
An employee who can show that it would cost him or her much more to arbitrate
an employment discrimination claim than to bring it before a court should not be forced into arbitration, even if the employee has signed a contract agreeing to arbitrate
employment disputes, a New York federal court recently ruled.