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Clauses

The International Institute for Conflict Prevention and Resolution (CPR) officially launched its inaugural set of administered arbitration rules at a reception held on May 13,2013, at the New York office of Simpson Thacher & Bartlett L.L.C.

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Are predispute binding arbitration clauses in nursing home contracts against personal injury or wrongful death claims per se unconscionable? The West ...

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The Second U.S. Circuit Court of Appeals held a class arbitration waiver in a law student loan contract was unconscionable under California law, and invalidated the arbitration agreement.

But in light of an April U.S. Supreme Court decision, the panel noted that it could not authorize the plaintiff, a practicing attorney who filed suit over misallocation of his student loan payments, to proceed with a class arbitration.

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The U.S. Supreme Court, in a 5-4 opinion today by Associate Justice Antonin Scalia, ruled that an enforceability challenge to an agreement to arbitrate under the Federal Arbitration Act (9 U.S.C. § 1, et seq.) must be specific before a district court can hear the dispute.

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The scenario is all too familiar. The deal is done, the contract is signed, and no sooner than the ink is dry, the fighting starts. Disagreements begin innocently enough. A simple misunderstanding starts with little more than a few testy emails. Tensions escalate. Meetings are called, but nothing is resolved. Both sides bring in their litigators. Everything begins to dissolve, except of course, for the costs of litigation.

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