Not long ago, the New Jersey Supreme Court refused to compel a physician to arbitrate
his claim of discrimination brought under the New Jersey Law Against Discrimination because his purported waiver of statutory remedies did not expressly mention that statute.
Hawaii employers who do not require all applicants and employees to sign agreements to arbitrate
any claims arising from or related to employment, including but not limited to employment discrimination claims, would be well advised to seriously consider adopting such a requirement.
Agency: Traditional agency law principles may also bind a nonsignatory to an agreement to arbitrate
. In certain circumstances, where a principal is bound under a valid arbitration clause, its agents, employees and representatives also have been held to be covered under the terms of such an agreement.
Waffle House asked the court to require the EEOC to arbitrate
Under this reasoning, McCarran-Ferguson bars application of the FAA and, accordingly, enforcement of arbitration provisions.(5) Courts in other states, which do not have such restrictive legislative schemes, have enforced arbitration agreements and either compelled liquidators or rehabilitators to arbitrate
or enforced demands by liquidators to arbitrate
In each case, however, the court concluded that arbitration was the plaintiff's exclusive remedy because of the employer's right to enforce the agreement to arbitrate
under the Federal Arbitration Act (FAA) and strong policy favoring arbitration expressed in numerous federal Supreme Court decisions (see Gilmer, supra; Rodriguez de Quijas v.
Parties to a dispute may agree to arbitrate
even if their contract does not contain an arbitration clause, but often an arbitration clause in a contract will dictate whether a dispute is arbitrated.
It reads the whole of Article 8 as a 'unilateral standing offer' to arbitrate
that Argentina and the United Kingdom each extends to investors of the other country.
Parties can simply contract-away discovery in their agreement to arbitrate
(or, perhaps more cautiously, contract to greatly limit discovery rather than banish it altogether).
11 of 1992 Concerning Civil procedures (as amended) ("Civil Procedure Law"), where the parties have agreed to arbitrate
any disputes that may arise in relation to the performance of their contract, but have failed to agree on arbitrators or had agreed on an arbitrator who was then precluded from acting or disagreed over the appointment of an arbitrator, the Court originally competent to hear the dispute shall appoint whatever arbitrators are required by normal litigation procedures.
The rub is that the claimant and the opposing party have signed an agreement to arbitrate
future disputes with each other.