Arbitration – Court powers to stay litigation because of arbitration agreements
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چکیده
منابع مشابه
Ending unfair arbitration: fighting against the enforcement of arbitration agreements in long-term care contracts.
Although provisions requiring nursing facility residents to agree to mandatory pre-dispute arbitration are now ubiquitous, many courts have refused to enforce these provisions and have adopted a variety of legal arguments to do so. Arbitration can be expensive and biased in favor of the nursing facility. It limits access to courts, discovery, available remedies and precedential value of decisio...
متن کاملArbitration Agreements in Health Care: Myths and Reality
This comment, offered by one well-positioned respondent to the study on which this article is based, reflects the widespread belief that alternative dispute resolution methods, particularly mandatory binding arbitration agreements, have become the rule in health care delivery. This apparent trend has spurred vigorous debate about the merits of using such agreements. Our study is an effort to as...
متن کاملAre Voluntary Agreements Better? Evidence from Baseball Arbitration
Are Voluntary Agreements Better? Evidence from Baseball Arbitration This paper empirically examines the widespread belief that voluntarily negotiated agreements produce better long-run relationships than third-party imposed settlements, such as arbitrator decisions or court judgments. Two key outcomes are analyzed – subsequent player performance and the durability of club-player relationship. M...
متن کاملthe explanation of litigation principles and formalities in arbitration
according to the provisions of civil proceedings code, courts procedural principles and formalities are not required to be respected in arbitration. such provisions are differently interpreted by lawyers. some lawyers believe that since arbitration is a kind of personal judgment, it should not be subject to the civil procedure and therefore arbitrators directly or with the request of the partie...
متن کاملMedical Malpractice Arbitration Act: Michigan's experience with arbitration.
In the 1970's, Michigan and other states were confronted with a medical malpractice crisis of astronomical proportions. The escalating number of medical malpractice lawsuits and concomitant increase in malpractice premiums for health care providers fostered a divisive climate among doctors, lawyers and patients. In response to this crisis, the Michigan legislature enacted the Medical Malpractic...
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ژورنال
عنوان ژورنال: Amicus Curiae
سال: 2012
ISSN: 2048-481X,1461-2097
DOI: 10.14296/ac.v1997i1.1663