Mandatory Arbitration And Consumer Contracts
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Mandatory Arbitration And Consumer Contracts
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Author : Susan Margaret Lott
language : en
Publisher:
Release Date : 2004
Mandatory Arbitration And Consumer Contracts written by Susan Margaret Lott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Arbitration agreements, Commercial categories.
Of particular concern are mandatory arbitration clauses that are drafted in advance of the conclusion of the contract by the service provider without any opportunity for the consumer to influence the substance of the contract. [...] Section 7(1) of the Ontario Arbitration Act5 requires a court to grant a stay of proceedings if an arbitration agreement exists: 7(1) If a party to an arbitration agreement commences a proceeding in respect of a matter to be submitted to arbitration under the agreement, the court in which the proceeding is commenced shall, on the motion of another party to the arbitration agreement, stay the proce [...] The impact of an optimum number of plaintiffs and size of the potential claim thus better ensures that defendants internalize the true costs of the harm, giving them the incentive to prevent future harm.25 Prevalence of Arbitration Agreements in Consumer Contracts A broad study of standard form consumer contracts in Canada reveals that mandatory arbitration clauses in consumer contracts are far fr [...] The defendant (Rogers) decides on the terms of the agreement and the consumer's sole choice is either to accept the agreement if he or she wants the service or to reject the agreement,"40 satisfying the first branch of that test. [...] Nordheimer J. rejected this argument because the Plaintiffs had not offered any evidence on the costs of arbitration or that any customer had tried to arbitrate a claim and was prevented from doing so because of the cost.46 The Plaintiffs argued that the inclusion of the prohibition on class actions proved that the Defendant added the Arbitration Clause to the User Agreement "expressly for the pur.
Mandatory Binding Arbitration Agreements
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
language : en
Publisher:
Release Date : 2008
Mandatory Binding Arbitration Agreements written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Mandatory Arbitration Clauses And Consumer Class Proceedings
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Author :
language : en
Publisher:
Release Date : 2008
Mandatory Arbitration Clauses And Consumer Class Proceedings written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration agreements, Commercial categories.
"This report of the Manitoba Law Reform Commission considers the impact of mandatory arbitration upon consumers and business in Canada. This report discusses the judicial consideration in Canada of mandatory arbitration clauses and consumer class proceedings, and examines whether the Supreme Court of Canada has resolved this issue. Further, this report reviews the statutory scheme in Manitoba regarding class proceedings, arbitration and consumer protection, and compares it with statutory schemes in other jurisdictions. Finally, this report reviews legislative amendments in some Canadian jurisdictions that have invalidated mandatory arbitration clauses in consumer contracts which preclude consumer class proceedings and considers the need for possible statutory amendments to consumer protection legislation in Manitoba."--Document.
Consumer Arbitration Agreements
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Author : F. Paul Bland
language : en
Publisher: National Consumer Law Center with the Tlpj Foundation
Release Date : 2003
Consumer Arbitration Agreements written by F. Paul Bland and has been published by National Consumer Law Center with the Tlpj Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Arbitration agreements, Commercial categories.
Consumer Arbitration Agreements
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Author : F. Paul Bland
language : en
Publisher:
Release Date : 2002
Consumer Arbitration Agreements written by F. Paul Bland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Arbitration agreements, Commercial categories.
Mandatory Arbitration
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Author :
language : en
Publisher:
Release Date : 2004
Mandatory Arbitration written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Dispute resolution (Law) categories.
B2c Arbitration Consumer Protection In Arbitration
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Author : Alexander J. Belohlávek
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-10-01
B2c Arbitration Consumer Protection In Arbitration written by Alexander J. Belohlávek and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-01 with Law categories.
Consumer protection has become a phenomenon of the past years and the combination of consumer protection and arbitration is especially sensitive. Some countries experience tens of thousands of consumer arbitrations each year while others significantly limit or even entirely exclude arbitration in consumer disputes. Many countries have undergone certain reforms in consumer disputes, the main objective of which is the protection of consumers in arbitration. The controversial variable is the degree of protection to be afforded to the consumer, both under the applicable substantive law and in procedural terms. These are the main issues addressed in this book. Apart from the key topic, the author has extensively elaborated on certain fundamental categories such as public interest and public policy (all primarily in connection to the procedural mechanisms of consumer protection); he has also analyzed the applicable European law and the case law of the ECJ and offered an overview of the individual systems employed in both European and non-European countries (especially the USA and Canada). An integral part of this book is an extensive comparison and analysis of the voluminous case law (several tens of decisions), with reference to more than three hundred other available court decisions. The book also focuses on the position of the consumer in the individual procedural stages, the intervention of courts in arbitration motivated by consumer protection, the individual stages of proceedings, recognition and enforcement of arbitral awards rendered in consumer disputes, both in domestic context and in the international milieu etc. The international practice significantly influences the domestic environment in the individual countries. The key issue in the EU countries is, in principle, the enforcement of EU standards which influence the domestic models of consumer protection, primarily in connection with the autonomous EU interpretation of a number of institutions. Many related issues have not yet been addressed in the case law of certain states. In fact, some of them have never even been discovered. Besides, the enforcement of foreign arbitral awards requires, inter alia, the compliance with extra-EU international obligations binding on the individual states. And finally, arbitration is not regulated by the EU law, as opposed to consumer protection. Naturally, arbitration is to a significant extent regulated by international law. This results in conflicts between national, international interpretation and interpretation pursuant to the EU law, where the circumstances allow to apply the EU law. This book is intended for all readers who have any experience with enforcement of consumer rights, as well as for all professionals dealing with arbitration in general. It is therefore intended for general legal practitioners, lawyers, primarily arbitrators, of course, but also for judiciary dealing with civil matters in the broadest sense. Apart from a voluminous case law, the book quotes from a number of domestic and foreign sources and, above all, offers a long list of structured bibliography and detailed subject index, as well as a table of states, table of cases and list of legal sources. It is therefore not only an important tool for the practice, but also a useful instrument for academics (lawyers as well as other professionals).
Electronic Consumer Contracts In The Conflict Of Laws
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Author : Zheng Sophia Tang
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-10-22
Electronic Consumer Contracts In The Conflict Of Laws written by Zheng Sophia Tang and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-22 with Law categories.
The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.
Consumer Arbitration Agreements
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Author : F. Paul Bland (Jr.)
language : en
Publisher:
Release Date : 2015
Consumer Arbitration Agreements written by F. Paul Bland (Jr.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Arbitration agreements, Commercial categories.
Mandatory Binding Arbitration Agreements
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Author : United States. Congress
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2018-01-21
Mandatory Binding Arbitration Agreements written by United States. Congress and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-21 with categories.
Mandatory binding arbitration agreements : are they fair for consumers? : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, first session, June 12, 2007.