Purchase Solution

Is the arbitration clause valid? What are my rights?

Not what you're looking for?

Ask Custom Question

Is the arbitration clause valid?
What are my rights and protections in court?

Purchase this Solution
Solution Summary

This solution discusses the following two business law questions:

Is the arbitration clause valid?
What are my rights and protections in court?

Solution Preview

Arbitration clauses are valid as long as they were formed in a contract that is valid. An arbitration clause requires that all disputes be settled through arbitration and not in the courtroom. Arbitration clauses ease the burden on the court system because without arbitration clauses, the cases being settled through arbitration would put an additional strain on the justice ...

Purchase this Solution
Free BrainMass Quizzes
Six Sigma for Process Improvement

A high level understanding of Six Sigma and what it is all about. This just gives you a glimpse of Six Sigma which entails more in-depth knowledge of processes and techniques.

Learning Lean

This quiz will help you understand the basic concepts of Lean.

Understanding Management

This quiz will help you understand the dimensions of employee diversity as well as how to manage a culturally diverse workforce.

Production and cost theory

Understanding production and cost phenomena will permit firms to make wise decisions concerning output volume.

Income Streams

In our ever changing world, developing secondary income streams is becoming more important. This quiz provides a brief overview of income sources.

View More Free Quizzes
Related BrainMass Solutions

  • Statutory Rights and Protections

    Val wonders if this clause is valid. What statutory rights and protections does Val have in court? Advise Val on her rights under the Gateway agreement. Provide relevant laws, cases, and examples to support your answer.

  • Employment Law

    The answer (b) is correct. Why? Because after the employer and employees agree to the clause, this clause will mostly likely be unenforceable in federal court (see exception above).

  • Arbitration Practices: Circuit City v Saint Clair Adams

    2) Are the statutory rights of employees adequately protected through arbitration? 3) Was there any merit to the reasoning of the ninth circuit court? 4) What about an employee's right to a jury trial?

  • Preston v. Ferrer, 128 S.Ct. 978 (2008)

    Also, since the contract was not valid, the arbitration clause in the contract did not apply. 3) The Court used the Federal Arbitration Act and argued that it was the national policy to favor arbitration.

  • legal dispute & the issues

    When the dispute took place both the parties agreed to arbitration according to the Federal Arbitration Act, however, the arbitration agreement included a clause that the District Court could override an award if the District Court found that the arbitration

  • Alternative Dispute Resolution

    The clause must provide all information necessary to define what disputes are subject to an ADR. I also need to identify all provisions necessary to enable the ADR to occur.

  • Alternative Dispute Resolution

    The clause must provide all information necessary to define what disputes are subject to ADR and identify all provisions necessary to enable ADR to occur.

  • ADR Clause for a Team Environment

    The arbitrators are selected from the members of the American Arbitration Association From another perspective an ADR clause is included because a jury is not involved, the expenses are kept low, and the results are kept confidential.

  • True and False on Laws in the United States

    In short, these decisions prohibit labor and management from ignoring an arbitration clause in their contract, provide significant legitimacy to the arbitration process, and restrict the scope of judicial review. 14.

View More Related Solutions