An employee may be forced to arbitrate
a claim only if the employee knowingly agrees to submit such a claim to arbitration.
Courts have been less than consistent, however, in their approach to whether commercial tort claims, such as fraud in the inducement, misrepresentation, conspiracy, etc., which often are raised in the course of reinsurance disputes, must be arbitrated.(16) At times, a court will conclude that some, but not all, of the claims at issue are subject to arbitration.(17) Of course, the parties always have the option of agreeing to arbitrate
all their claims, including those that would not be arbitrable but for that agreement.
An agreement to arbitrate
entered into at the beginning of the employment relationship is likely to be enforceable under the FAA or state law, because the job that the employer gave the employee is consideration for the agreement to arbitrate
Thus, if a party changes its mind later about going to arbitration, it may be stuck unless the other side also wants to waive its right to arbitrate
under the agreement.
"[...] [T]he bulk of international authority supports our view that the provision functions as a purely procedural precondition to arbitrate
. See 1 G.
Within very broad limits, parties to an agreement to arbitrate
are free to fashion any agreement they wish.
An agreement to arbitrate
that had been agreed without specific authority provided in the power of attorney is sanctioned by a relative nullity of the agreement to arbitrate
that only the grantor of the power of attorney has the right to raise.
Section(s) 2 [of the FAA]." "The issue of 'whether a valid written agreement to arbitrate
exists' is controlled by principles of state contract law." (5)
But Fantastic Sams fought back, arguing that the corporation could not be bound to arbitrate
the cases on a class basis because some of the franchisees' agreements were silent about whether class arbitration was permitted.
According to Reuters, Merrill Lynch, a unit of Bank of America Corp (NYSE: BAC), was fined for failing to arbitrate
disputes with employees regarding retention bonuses.
Once a dispute arises, the parties may still mutually agree to arbitrate
, but the odds of that happening are small.
On 20 March,aEcuador has formally requested a panel to arbitrate
its conflict with the EU, following the complaint filed to the WTO on 16 November 2006.
Acas has also been called in to arbitrate
in a dispute over the time shop stewards can devote to union duties.
By agreeing, for example, that the Federal Arbitration Act (rather than Arkansas law) will apply, the parties can agree to arbitrate
Hilltop also argued that the plaintiffs had to individually arbitrate