#Court Of Arbitration

[boag]

This is INSANEEE

[odinsblog]

🗣️ Please pay attention

Amazon argues that national labor board is unconstitutional, joining SpaceX and Trader Joe’s

Amazon is arguing in a legal filing that the 88-year-old National Labor Relations Board is unconstitutional, echoing similar arguments made this year by Elon Musk’s SpaceX and the grocery store chain Trader Joe’s in disputes about workers’ rights and organizing.

The Amazon filing, made Thursday, came in response to a case before an administrative law judge overseeing a complaint from agency prosecutors who allege the company unlawfully retaliated against workers at a New York City warehouse who voted to unionize nearly two years ago.

In its filing, Amazon denies many of the charges and asks for the complaint to be dismissed. The company’s attorneys then go further, arguing that the structure of the agency — particularly limits on the removal of administrative law judges and five board members appointed by the president — violates the separation of powers and infringes on executive powers stipulated in the Constitution.

The attorneys also argue that NLRB proceedings deny the company a trial by a jury and violate its due-process rights under the Fifth Amendment. (source)

ICYMI, this is a case of corporations going, “7th Amendment Protections for me, but not for thee.”

It is strongly worth noting that in 2018 the John Roberts Court ruled 5-4 that companies can use forced arbitration clauses to stop people from joining together to fight workplace abuses - in effect denying individuals their 7th Amendment protections.

Subsequently, binding arbitration clauses used by corporations has proliferated; sneaking into all manner of common legal documents: personal banking applications, ordinary car loan applications, furniture purchases, and more. This is, unsurprisingly, a direct violation of the 7th Amendment that guarantees HUMAN BEINGS AND PEOPLE the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact. Republicans and SCOTUS are perfectly okay with corporations having more rights than workers and using forced arbitration to block people from having access to jury trials—but God forbid if corporations don’t have their right to a jury trial.

This legislative push to bestow corporations with more rights than people, while simultaneously taking away rights from human beings, has been nothing if not thoroughly and methodically done. At this rate, no corporation will ever need to fear a class action lawsuit again.

Amazon, SpaceX and Trader Joe’s are union busting.

But this latest case against the NLRB isn’t just an attack on labor and worker’s rights, it’s a fascistic attack on the very heart of fairness and democracy itself.

[figureskatingfanblog]

Kamila Valieva of Russia has been banned for four years retroactively starting on December 25, 2021. She has been disqualified from all events after.

The medals for the Team Event need to be decided by the IOC/ISU, as that is out of the scope of the CAS.

[thoughtlessarse]

Disney World is arguing a man cannot sue it over the death of his wife because of terms he signed up to in a free trial of Disney+. Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife died in 2023 from a severe allergic reaction after eating at a restaurant at the theme park. However, Disney argues its terms of use, which Mr Piccolo agreed to when creating his Disney account in 2019, means they have to settle out of court. Representatives for Disney and Jeffrey Piccolo have been contacted for comment. Mr Piccolo alleges that the restaurant at Disney World - in Orlando, Florida - that he and his wife dined at did not take enough care over her severe allergies to dairy and nuts, despite being repeatedly told about them. Dr Kanokporn Tangsuan died in hospital later that day, 5 October 2023. -According to the legal filing, her death was confirmed by a medical examiner "as a result of anaphylaxis due to elevated levels of dairy and nut in her system." He is suing Disney for a sum in excess of $50,000 plus legal costs. Disney wants the case in the courts to be halted, and for the dispute to be resolved out of court, in a process called arbitration. The entertainment company argues it cannot be taken to court because, in its terms of use, it says users agree to settle any disputes with the company via arbitration. It says Mr Piccolo agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019. Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.

continue reading

[allthebrazilianpolitics]

Brazil arbitration marks ICC milestone

The 29,000th arbitration to be conducted under ICC rules is a domestic Brazilian energy sector dispute.

The ICC International Court of Arbitration (ICC) has reached an auspicious landmark, having accepted its 29,000th case to be administered under its arbitral rules.

The ICC secretariat announced the news yesterday (23 October) that the matter in question involves the power and energy industry in Brazil, where the arbitration was filed and will be seated in Rio de Janeiro. Initially to be administered by ICC on an ad hoc basis under United Nations Commission on International Trade Law (UNCITRAL) rules, the Brazilian parties later agreed to change this to ICC rules.

The private dispute resolution body’s wider efforts to position itself in the Latin American country in recent years include the hire of dedicated case management personnel in 2017, which have overseen more than 650 cases to date.

Continue reading.

[justinssportscorner]

Sean Ingle at The Guardian:

The US swimmer Lia Thomas, who rose to global prominence after becoming the first transgender athlete to win a NCAA college title in March 2022, has lost a legal case against World Aquatics at the court of arbitration for sport – and with it any hopes of making next month’s Paris Olympics. The 25-year-old also remains barred from swimming in the female category after failing to overturn rules introduced by swimming’s governing body in the summer of 2022, which prohibit anyone who has undergone “any part of male puberty” from the female category.

Thomas had argued that those rules should be declared “invalid and unlawful” as they were contrary to the Olympic charter and the World Aquatics constitution. However, in a 24-page decision, the court concluded that Thomas was “simply not entitled to engage with eligibility to compete in WA competitions” as someone who was no longer a member of USA swimming. The news was welcomed by World Aquatics, who hailed it as “a major step forward in our efforts to protect women’s sport”. “World Aquatics is dedicated to fostering an environment that promotes fairness, respect, and equal opportunities for athletes of all genders and we reaffirm this pledge,” it added. World Aquatics introduced its new rules after Thomas beat Olympic silver medalist Emma Weyant by 1.75sec to win NCAA gold in the women’s 500-yard freestyle in 2022.

[...] While it is understood that World Aquatics was prepared to argue the merits of the scientific evidence at Cas, the hearing solely focused on whether Thomas, who is no longer a member of USA swimming, was allowed to challenge its rules. On Wednesday it ruled that Thomas had no standing to sue World Aquatics’ transgender policy, with a key paragraph stating: “The panel concludes that since the Athlete is not entitled to participate in ‘Elite Event’ within the meaning of USA Swimming Policy, let alone to compete in a WA competition, which occurs upon registration with WA prior to a competition or upon setting a performance which leads to a request for registration as WA world record, she is simply not entitled to engage with eligibility to compete in WA competitions.

Any hope of Lia Thomas appearing in the 2024 Paris Olympics has been dashed, as the Court of Arbitration for Sport ruled that Thomas had no legal standing to sue World Aquatics' policy banning trans women from their women's competitions since she was no longer a member of USA Swimming.

See Also:

Outsports: Lia Thomas loses legal challenge over World Aquatics trans ban

[notyournightsky]

Source

Every update on this situation is a punch to the gut. I feel absolutely gutted for all the gymnasts involved with this mess. At the end of the day, the judges messed up, yet the girls are receiving so much hate for something they had no control over. Whenever this situation is over, I hope it’s a happy ending for all the gymnasts.

[littleberrybat]

I'm sorry they WHAT

From the BBC:

Jeffrey Piccolo filed a wrongful death lawsuit against Disney and the owners of a restaurant after his wife died in 2023 from a severe allergic reaction after eating at the theme park...the restaurant did not take enough care over his wife's severe allergies to dairy and nuts, despite being repeatedly told about them.

Disney wants the case in the courts to be halted, and for the dispute to be resolved out of court, in a process called arbitration.

The entertainment company argues it cannot be taken to court because, in its terms of use, it says users agree to settle any disputes with the company via arbitration.

It says Mr Piccolo agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019.

[trendynewsnow]

The Evolution of Arbitration: A Century in Review

One hundred years ago, arbitration was at the forefront of legal innovation. On February 12, 1925, President Calvin Coolidge enacted the Federal Arbitration Act, which recognized private dispute resolution as a legitimate alternative to traditional court trials. This groundbreaking legislation established that the decisions made by arbitrators in such disputes would be binding, albeit subject to…

[figureskatingfanblog]

CAS has dismissed Canada's appeal.

Included Canada's response.

[kitsungari]

To be clear, Disney's saying the claim has to go to arbitration instead of court. Which is still bullshit and I cannot imagine will actually work, but it's a pretty big overstatement to claim Disney us arguing he waived all rights to sue them for any reason. I also can't imagine Disney could win this even in arbitration.

[justnownews]

NAB’s Historic Recovery in Peshawar’s BRT Project

Khyber Pakhtunkhwa, September 23, 2024 – In a significant development, the National Accountability Bureau (NAB) has made a historic recovery of PKR 168.5 billion related to the controversial Bus Rapid Transit (BRT) project in Peshawar. According to NAB’s official statement, this recovery will be allocated to public welfare projects. NAB’s investigation into the BRT project revealed…

[blogquantumreality]

This? Right here? Is why I push back on all mandatory arbitration clauses inserted into any contract language/user agreement I have to accept to use a given service.

straight up cartoonishly fucking evil corporation

[oneturfnews1]

Vinesh Phogat Appeals To CAS After Paris Olympics 2024 Heartbreak

Indian wrestler Vinesh Phogat and her team have now appealed to the Court of Arbitration for Sports to be given a shared silver medal after the Paris Olympics 2024 heartbreak. The CAS has said that they will give an interim verdict later today.

[trustednewstribune]

Vinesh Phogat Appeals to CAS for Paris Olympics Disqualification: Legal Heavyweights Roped In

Indian wrestler Vinesh Phogat has turned to the Court of Arbitration for Sport (CAS) to contest her disqualification from the Paris Olympics 2024. Despite her recent announcement of retirement, the Indian Olympic Association (IOA) is vigorously pursuing the case, enlisting renowned senior counsels to represent Phogat’s appeal.

Legal Representation by Top Experts

Vinesh Phogat’s appeal will be represented by two of India’s leading legal experts: Harish Salve and Vidushpat Singhania. Harish Salve, a former Solicitor General of India and a distinguished King’s Counsel, brings extensive experience to the case. Vidushpat Singhania, managing partner at Krida Legal, also adds significant legal expertise. Their involvement underscores the seriousness of the appeal and the high stakes involved.

The Disqualification Issue

Phogat was disqualified from the Paris Olympics after being found 100 grams over the 50kg weight limit on the second day of competition. Despite making weight on the first day and winning three bouts, United World Wrestling (UWW) rules dictate that a wrestler’s results are annulled if they fail to meet the weight requirement on either competition day.

In response to the disqualification, IOA President Dr. PT Usha and Wrestling Federation of India President Sanjay Singh have formally requested UWW President Nenad Lalovic to reconsider the annulment of Vinesh’s results from the first day of the competition.

Role of the Court of Arbitration for Sport (CAS)

The Court of Arbitration for Sport (CAS) is the highest international tribunal for resolving sports-related disputes. Established in 1984, CAS operates independently from sports organizations and is governed by the International Council of Arbitration for Sport (ICAS). With headquarters in Lausanne, Switzerland, and additional courts in New York City and Sydney, CAS handles a wide array of disputes involving athletes, coaches, sports organizations, and sponsors.

CAS is renowned for its expertise in complex sports legal matters, boasting a panel of nearly 300 arbitrators globally. Its role in Phogat’s appeal represents a critical juncture in determining the outcome of this high-profile case.

As Vinesh Phogat seeks to overturn her disqualification, the appeal’s outcome could have significant implications for her legacy and the broader wrestling community. The involvement of leading legal minds and the prestigious CAS underscores the importance of this case and its potential impact on the future of sports adjudication.

[nationallawreview]

In Trio of Decisions, Supreme Court Resolves Circuit Splits on Arbitration

Three recent Supreme Court Decisions—Coinbase v. Suski, Smith v. Spizzirri, and Bissonnette v. LePage Bakeries—based on consumer and employment disputes have resolved significant circuit splits over arbitration. These cases were all decided by a unanimous Court, with Justices Jackson, Sotomayor, and Roberts authoring the three opinions. Supreme Court Considers Arbitrability Based on Conflicting…