Writing That One Must Arbitrate May Not Be Enough To Require Arbitration

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https://www.bobbimccormick.com/eyukuxab8tt We’ve written about arbitration a few times and made reference to this alternate dispute resolution process in several blog postings over the years. [For example, click: HERE or HERE.] Those who read our Ruminations may remember that we are somewhat ambivalent about its general use and a little more inclined toward its use for specific, discrete disputes, such as battles over operating expenses.

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Cheap Valium India Today, for the benefit of those who like the concept and who use provisions such as: “All disputes hereunder will be resolved by arbitration,” we have a new warning. [Perhaps, we should write, “alert.”] When we first heard about an Appellate Division ruling from a New Jersey Court, one that threw out a contract’s “must arbitrate” that read as follows:

https://markmadsen.com/2022/11/17/ecv0w5f2p75 Any and all claims or controversies arising out of or relating to [plaintiff’s] employment, the termination thereof, or otherwise arising between [plaintiff] and [defendant] shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration. This agreement to arbitrate includes all claims whether arising in tort or contract and whether arising under statute or common law including, but not limited to, any claim of breach of contract, discrimination or harassment of any kind.

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we said (to ourselves), “That must be wrong.” After all, doesn’t the quoted provision clearly and unequivocally say that any and all claims have to be arbitrated? But, after reading the decision itself, we switched sides. That’s not to say that New Jersey’s Supreme Court won’t reverse the ruling, because it might. After all, courts just seem to “love” arbitration and seem to bend over backward to validate every agreement to arbitrate. On the side agreeing with the Appellate Division, however, is a (previously unknown to us) 2009 Mississippi Supreme Court decision eerily similar to this month’s New Jersey decision. [Read more…]

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Broad, Narrow, Whatever! Do You Write Right?

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Order Xanax 2Mg Although today’s thoughts were inspired by a very recent California Appellate Court’s decision concerning the wording of an arbitration clause in a non-real property agreement, they could well have come out of a dispute of an indemnity clause in a real property contract or, for that matter, out of many other kinds of contract provisions. What made the June 1, 2016 decision most striking was that the court found an arbitration provision to be inapplicable to the dispute at hand despite the extremely strong public policy in favor of arbitration. This is quite surprising because one should never bet against a court finding an arbitration provision enforceable even if supported by only the slimmest of reeds. [Read more…]

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To Arbitrate Or Not To Arbitrate, That Is The Question.

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https://partyhosthelper.com/9c2d00and To arbitrate or not to arbitrate, that is the question. That has become a pretty hackneyed way of putting an issue in play. Here’s another hackneyed way of expressing something: “We’re not going to touch that third rail.” Roughly translated that means that  https://victoriamapperley.co.uk/qfcn2o2k7u Ruminations, in its old age [approaching 200 blog postings] is getting too wise to take a firm stand and offer anything other than an equivocal answer to that question, a lawyer’s answer so to speak – “It depends.”

Buy Valium Roche 10Mg Before anyone switches off to watch Pawn Stars or something else, let us explain. To us, it depends on what the subject matter of a dispute might be. An easy example is that only a court can issue a warrant of possession that a governmental official will enforce. So, we’re thinking that’s not a good “subject” for arbitration.

https://www.greenlifestylemarket.com/2022/11/17/07jgukj On the other side of the equation, except with respect to a few substantive areas where a subset of “special subject matter” judges has been selected, the rest are expected to be able to parse their way through the substance of any kind of dispute. So, when it comes to highly technical matters, such as construction issues, using a subject-matter expert arbitrator would seem to be the way to go. That is, it would be if both sides of the dispute are ready to accept some form of “objective” truth. By the way, the court process (and, by extension, the arbitration process) is thought of as a “truth-seeking” process. [Read more…]

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Keep Writing Your Agreements That Way – The Litigators Love You

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https://victoriamapperley.co.uk/toei6jniie Has Buy Xanax Chicago Ruminations ever suggested that those who negotiate and prepare agreements take to heart the following message: “Words matter – say what you mean and mean what you say”? Yes, and more than once or twice. In fact, more than novence.

Will that stop us from doing so again? No.

Today we look at a lease that said: “All disputes under this Lease, OTHER THAN THOSE RELATING TO THE PAYMENT OF RENT OR OTHER CHARGES BY TENANT, must be submitted to arbitration.” The tenant under this lease vacated the leased premises, failed to pay rent and other charges, didn’t remove its fixtures, and didn’t restore the leased premises to the contractually required condition. With that in mind, we are going to find out what monetary claims were subject to arbitration and what claims were not. Had the parties said what they meant, Ruminations wouldn’t be able to tell you their story. [Read more…]

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