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Forced Arbitration
An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause. Arbitration clauses are frequently paired with class action waivers which prevents contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also include a provision which requires parties to waive their rights to a jury trial. All three provisions have attained significant amounts of support and controversy, with proponents arguing that arbitration is equally as fair as courts and a more informal, speedier way to resolve disputes, while opponents of arbitration condemning the clauses for limited appeal options and allowing large corporations to effectively silence c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Democratic Party (United States)
The Democratic Party is one of the two major contemporary political parties in the United States. Founded in 1828, it was predominantly built by Martin Van Buren, who assembled a wide cadre of politicians in every state behind war hero Andrew Jackson, making it the world's oldest active political party.M. Philip Lucas, "Martin Van Buren as Party Leader and at Andrew Jackson's Right Hand." in ''A Companion to the Antebellum Presidents 1837–1861'' (2014): 107–129."The Democratic Party, founded in 1828, is the world's oldest political party" states Its main political rival has been the Republican Party since the 1850s. The party is a big tent, and though it is often described as liberal, it is less ideologically uniform than the Republican Party (with major individuals within it frequently holding widely different political views) due to the broader list of unique voting blocs that compose it. The historical predecessor of the Democratic Party is considered to be th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gary Born
Gary B. Born (born 14 September 1955) is an international lawyer and academic. He is chair of the International Arbitration and International Litigation practices at the international law firm, Wilmer Cutler Pickering Hale and Dorr LLP, and the author of a number of commentaries, casebooks and other works on international arbitration and litigation. Early life Born attended primary schools in France and Germany and completed his secondary education in the US. He received a bachelor's degree ''summa cum laude'' from Haverford College in 1978 and a J.D., ''summa cum laude'' from the University of Pennsylvania Law School in 1981. Born served as a law clerk to Henry Friendly of the U.S. Court of Appeals for the Second Circuit (1981–1982) and William Rehnquist of the U.S. Supreme Court (1982–1983). Born has practiced with Wilmer Cutler Pickering Hale and Dorr LLP in London for the past three decades and has taught international dispute resolution at law schools in Europe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt. The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practices, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epic Systems Corp
Epic commonly refers to: * Epic poetry, a long narrative poem celebrating heroic deeds and events significant to a culture or nation * Epic film, a genre of film with heroic elements Epic or EPIC may also refer to: Arts, entertainment, and media Films * ''Epic'' (1984 film) * ''Epic'' (2013 film) Gaming * ''Epic'' (game), a series of wargames * ''Epic'' (video game), a 1992 video game * ''Epic: Battle for Moonhaven'', a 2013 video game by Gameloft based on the film ''Epic'' (2013) * '' Epic Card Game'', a 2015 strategy card game by White Wizard Games Literature * ''Epic'' (Kostick novel), a 2004 novel by Conor Kostick * '' Epic Illustrated'', a 1980s anthology series published by Marvel Comics Music Albums * ''Epic'' (Blood on the Dance Floor album), 2011 * ''Epic'' (Borknagar album), 2004 * ''Epic'' (R. Kelly album), 2010 * ''Epic'' (Sharon Van Etten album), 2010 * ''Epic'' (Tang Dynasty album), 1998 Songs * "Epic" (Faith No More song), 1990 * "Epic" (Sandro Sil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Arbitration Association
The American Arbitration Association (AAA) is a not-for-profit organization in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation through www.AAAMediation.org and other forms of alternative dispute resolution. It is headquartered in New York City, with regional offices in Atlanta, Boston, Charlotte, Chicago, Dallas, Denver, Detroit, East Providence, Rhode Island, Fresno, Houston, Los Angeles, Miami, Minneapolis, New York City, Philadelphia, Phoenix, San Antonio, San Diego, San Francisco, Seattle, Somerset, New Jersey and Washington, DC. The International Centre for Dispute Resolution (ICDR), established in 1996 by the AAA, administers international arbitration proceedings initiated under the institution's rules. ICDR currently () has offices in New York City, Mexico C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Chamber Of Commerce
The International Chamber of Commerce (ICC; French: ''Chambre de commerce internationale'') is the largest, most representative business organization in the world. Its over 45 million members in over 100 countries have interests spanning every sector of private enterprise. ICC's current chairman is Ajaypal Singh Banga and John W.H. Denton AO is the current Secretary General. ICC has three main activities: rule setting, dispute resolution, and policy advocacy. Because its member companies and associations are themselves engaged in international business, ICC has unrivalled authority in making rules that govern the conduct of business across borders. Although these rules are voluntary, they are observed in thousands of transactions every day and have become part of international trade. A world network of national committees in over 100 countries advocates business priorities at national and regional level. More than 3,000 experts drawn from ICC's member companies feed their know ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Court Of Arbitration
ICC International Court of Arbitration is an institution for the resolution of international commercial disputes. It operates under the auspices of the International Chamber of Commerce and consists of more than 100 arbitrators from roughly 90 countries. Contrary to what its name suggests, the ICC does not issue formal judgements. Instead, it provides "judicial supervision of arbitration proceedings." The court's official working languages are English and French. However, cases can be administered in any language. The headquarters of the ICC is in Paris, France. As of 9 January 2020, the court has registered 25,000 cases since its creation. It also saw a record number of cases registered in 2019, an indication of the ICC's efforts to expand its services in recent years. Background The Court was founded in 1923 under the leadership of the ICC's first president Étienne Clémentel Étienne Clémentel (11 January 1864 – 25 December 1936) was a French politician. He served a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract (conflict)
In the conflict of laws, the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract. History Until the middle of the 19th century, the courts applied the ''lex loci contractus'' or the ''law of the place where the contract was made'' to decide whether the given contract was valid. The apparent advantage of this approach was that the rule was easy to apply with certain and predictable outcomes. Unfortunately, it was also open to abuse, e.g. the place could be selected fraudulently to validate an otherwise invalid contract; it might lead to the application of laws with no real connection with the transaction itself, say, because the parties signed the agreement while on holiday; or it might have been difficult to decide where the contract was made, e.g. because it was negotiated and signed on a railway journey through several states. To avoid these difficulties, some courts proposed applying ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
London Court Of International Arbitration
The London Court of International Arbitration is a British private company limited by guarantee with a head office in London. It offers dispute resolution through arbitration and mediation. History The City of London Chamber of Arbitration was established in 1892, not long after the Arbitration Act of 1889 became law. It consisted of members of the City of London Corporation and the London Chamber of Commerce & Industry, and had its seat at the Guildhall in London. The ''Law Quarterly Review'' said of it at the time: "it is to be expeditious where the law is slow". The name was changed to "London Court of Arbitration" in 1903, and to the present name in 1981. It was incorporated as a private company limited by guarantee In British, Australian, Bermudian, Hong Kong and Irish company law (and previously New Zealand), a company limited by guarantee (CLG) is a type of corporation used primarily (but not exclusively) for non-profit organisations that require legal pe ... in 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chartered Institute Of Arbitrators
The Chartered Institute of Arbitrators (abbreviated as CIArb) is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979. History The Chartered Institute of Arbitrators was founded as the Institute of Arbitrators on 1 March 1915 and became registered as a charity in the United Kingdom in 1990. It was founded as an unincorporated association by H.C. Emery (a solicitor and chartered secretary), F.M. Burr (an architect), I. W. Bullen (an accountant), A. Powells (profession unknown) and A. Stevens (a solicitor). The aim of the Institute was 'to raise the status of Arbitration to the dignity of a distinct and recognised position as one of the learned professions. The first Secretary of CIArb was H.C. Emery, one of the founders, and the first offices were at 32 Old Jewry, London EC2. The first President, elected in June 1915, was Rowland Allanson ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
