Business Law: Arbitration Agreements Research Paper

Pages: 6 (1931 words)  ·  Style: APA  ·  Bibliography Sources: 3  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business - Law

SAMPLE EXCERPT . . .

" (Oberman, 2012, p.1) The result is that arbitration providers were "suddenly were being filed often, particularly consumer class actions and employment class actions." (Oberman, 2012, p.1) The response of the Supreme Court to this trend has been evidenced in the decisions it has issued since Bazzle. Specifically reported is that in 2009 in the case Stolt-Nielsen S.A. v. Animal Feeds Int'l Corp., the court held that "…where the parties agree that their agreement was 'silent' on whether class arbitration should be permitted, an arbitrator could not find that the agreement permitted class action. This was initially seen as cutting off class arbitrations unless an agreement expressly provided for it. However, a number of courts have read Stolt-Nielsen narrowly, as applying only to cases where the parties stipulate that their agreement is silent as to class arbitration and as allowing an arbitrator to find that the parties intended class arbitration absent such a stipulation. Meanwhile, after Bazzle, many employers and companies dealing with consumers (among others) were including in their arbitration provisions a class action waiver -- that is, a clause that provides all disputes will be resolved by bilateral arbitration between, say, a bank and a credit card consumer, and that the consumer waives any right to seek a class action. Some courts -- particularly state courts -- began to find that class action waivers in this situation were unconscionable and therefore unenforceable. Then, in 2011, the Supreme Court held in AT&T Mobility LLC v. Concepcion that the FAA preempts state law that singles out arbitration agreements and voids class action waivers in them." Concepcion was seen by The New York Times as "a devastating blow to consumer rights," yet some courts are not finding that Concepcion protects all class action waivers." (Oberman, 2012, p.1)

Summary and Conclusion

Arbitration makes a requirement that the arbitrators in the hearing are not biased either for or against the parties to the arbitration or that parties' case. This is not optional and is an issue that is satisfactorily settled by issue of a decision of the U.S. Supreme Court.

Bibliography

TOPIC: Research Paper on Business Law: Arbitration Agreements Arbitration Assignment

Arbitration (2012) Class of 1. Retrieved from: http://classof1.com/homework_answers/business_law/arbitration/

Matosky, J., Davison, RM and Harding, JT (2012) Case Notes: Two Recent Decisions Address the Duties of a Disinterested Arbitrator. MReBA. Retrieved from: http://www.mreba.org/articles.php?AID=18

Oberman, MS (2012) Arbitration Law -- One Issue Settled, Another Issue Still Percolating. 19 Mar 2012. The Metropolitan Corporate Counsel. Retrieved from: http://www.metrocorpcounsel.com/articles/18118/arbitration-law-%E2%80%93-one-issue-settled-another-issue-still-percolating

Yu, HY and Shore, L. (2033) Independence, Impartiality and immunity of Arbitrators -- U.S. And English Perspectives. The… [END OF PREVIEW] . . . READ MORE

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Business Law: Arbitration Agreements.  (2012, March 19).  Retrieved July 28, 2021, from https://www.essaytown.com/subjects/paper/business-law-arbitration-agreements/2442658

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"Business Law: Arbitration Agreements."  Essaytown.com.  March 19, 2012.  Accessed July 28, 2021.
https://www.essaytown.com/subjects/paper/business-law-arbitration-agreements/2442658.