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Arbitration Waivers

Aribtration clauses are becoming increasingly common as a way to more expeditiously resolve disputes that can arise between parties to a contract. With an arbitration, a neutral, third-party arbitrator decides the case, as opposed to a judge or a jury. Many disputes can arise with respect to the enforceability of an arbitration provision (e.g., unconscionability, […]

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Defenses to Arbitration Clauses in Contracts

Because of the time and costs associated with litigation, arbitration provisions are often included in contracts to avoid the court system. In an arbitration, an individual or group of individuals make a binding decisions about the dispute. The normal trial rules, due process protections and procedural guarantees that are present in a court or jury […]

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Contracts: Adhesion & Unconscionability

Not all contracts involve extensive negotiation between all parties and a deal being hammered out in detail and reduced to writing. Most contracts, instead, occur when one person adheres to the terms and conditions of an offer. For example, when I go and purchase a TV at a local store for the list price, I’m […]

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