arbitration clause


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  • noun

Words related to arbitration clause

a clause in a contract providing for arbitration of disputes arising under the contract

References in periodicals archive ?
On the other hand, if the agreement states that arbitration shall be sought in case of any conflict and a party seeks litigation with a court while the other party does not maintain the arbitration clause during the first hearing set, the defendant is considered to have forfeited its right to maintain the arbitration clause and shall not be allowed to submit the invalidity of the lawsuit due to the arbitration clause.
The Court accepted that the arbitration clause itself did not clearly nominate the DIFC to be the seat, and nothing in the entire agreement referred specifically to the DIFC.
81) Again, the bootstrapping ability of arbitration clauses offers commercial interests a handy way to insert these limitations anyway by simply including them in the arbitration clause rather than in a different section of the contract.
However, it said there were instances when non-signatories to the agreement containing the arbitration clause were bound by such clause and may be compelled to submit to arbitration.
that courts, when deciding whether a particular dispute comes within an arbitration clause, should resolve all doubts in favor of arbitration.
45) This part of the regulation requires an FI to use explicit language within an arbitration clause stating the clause does not apply to cases filed on behalf of a class unless a court has denied class certification or the class claims have been dismissed.
Part IV will be broken down into five parts: (1) A "point and click" policy, which will demonstrate that once a user creates an Instagram account, they have essentially agreed to all terms in the contract, (2) Instagram's "take it or leave it" policy, (3) Instagram's development of an arbitration clause that prevents class action suits and states all legal complaints must be brought in arbitration, (4) minors assenting to Instagram's terms of use, (5) the effect of Instagram's "take it or leave it" policy on other social media networks.
Before a company decides to put an arbitration clause into its credit application or other applicable contracts, or before it otherwise agrees to arbitrate a dispute, the company should think through the benefits and risks of arbitration.
6) Casting aside Justice Brandeis's observation that "a single courageous state" must sometimes be permitted to "serve as a laboratory," (7) the Supreme Court has instead insisted that the presence of an arbitration clause prevents state-court judges from applying contract defenses on which they had previously relied for decades.
If an arbitration clause is invalid in the UAE (and enforcement abroad is not an option), the only option is to seek enforcement in the courts in the UAE.
In particular, this Article examines three areas in which courts have given arbitration clauses "super contract" status: (1) interpreting ambiguous contracts in favor of arbitration rather than in accordance with the traditional contract rule of interpreting ambiguities against the drafting party; (11) (2) creating special rules that make it more difficult to find that a party waived the arbitration provision than to find that a party waived other contractual terms; (12) and (3) interpreting arbitration clauses to bind individuals to arbitrate disputes with parties who never signed the arbitration clause.
To guard against such liability, the use of a limited arbitration clause to resolve coverage issues within CGL policies is recommended.