#arbitration agreement

[hhslawyers]

How to draft an effective Arbitration Agreement for your Business

[alfahallaw]

Arbitration lawyers bring expertise and strategic approaches to conflict resolution, essential for businesses seeking successful outcomes.

[lexlawuk]

Decoding Investment Treaty Arbitration: Navigating Global Disputes under English Law

Investment Treaty Arbitration (ITA) stands as an indispensable mechanism, steering the resolution of intricate global disputes between states and foreign investors. At its core, ITA finds its roots in bilateral and multilateral investment treaties, forming the bedrock for this comprehensive exploration of the process from an English law perspective. Lexlaw Solicitors and Advocates, well-versed…

[stoppit-keepout]

:>

was on a picket line today! i had a lot of time to really contemplate whether our chants were good life advice to distract myself from the fact that "the people united will never be defeated" does not rhyme, and is an insult to the original "el pueblo unido jamás será vencido"

anyway here are my top 4 union chants to internalize:

they don't like us // we don't care

yes. absolutely. don't place your self-value in other people's approval, an evergreen message.

when [x] is under attack, what do we do? // stand up fight back!

many of us did not have good rhythm, and no chant is better at highlighting that particular deficit than this one. it has a pickup, love it! almost as much as we love to defend our rights and the rights of the people we love :)

we feel good, we feel fine, when you don't cross picket lines

this one brings a fun guilt trip energy to your workplace. :( don't cross :( we'll feel sad :( :( (it was not particularly effective)

fuck you // pay us

satisfying.

[apleasurableillusion]

This lawyer sent me back a “revised” version of an agreement I wrote and she completely rewrote it in ways that make no sense? And somehow turned it from a modern docx to a windows 98 doc?????

And I wouldn’t really care if she just said, hey this agreement doesn’t work for me because X, Y and Z but instead to just say she’s “amended it per the client’s wishes” when the client’s wishes are below in the email chain and don’t say anything like what you’re saying? Just tell me you’ve changed things and why

Honestly why the fuck did I waste my time writing an agreement if you were just going to use your own precedent. Insane behaviour on a non-contentious file

[teathattast]

Something looking different about tumblr tonight 🤨

[the-gay-prometheus]

Do people realize this isn't unique to Disney? Cuz this is not unique to Disney. Other corporations are already doing this and this isn't new. Wish there could've been this big of a reaction about it before someone actually died 🙃

[dale-afficanado-blueberry]

I regret to inform you that Discord's new Terms of Service includes an arbitration clause. You can find it here https://discord.com/terms/#16. This clause includes an opt-out, which I have transcribed here:

You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out@discord.com within 30 days of April 15, 2024 or when you first register your Discord account, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Discord also will not be bound by them.

These clauses are underhanded ways that corporations seek to deprive you of your right to participate in class-action lawsuits and your right to a jury trial. (This does only apply to us users ,other people still spread the word though )

[gemstarb]

Watch "Judge Rules Scientology Arbitration Agreements Are UNCONSCIONABLE!" on YouTube

[evilmark999]

Today I learned:

The Jessica Denson that I've been enjoying via the Meidas Touch Network is a Gracie Allen Award-winning, non-disclosure agreement fighter who battled with Trump, originally all on her own, eventually leading to the class-action decision that helped to put the notorious narcissist into the position that he's in, now!

A movie about her doesn't exist. Yet. However, there's this:

Popok, Meiselas, Cohen and Denson have all the approaches covered!

Are you still reading this? It's still ME writing it! Atypical tags for greater exposure are all of my own doing. I may or may not apologize, later...

A federal judge ruled Tuesday that a broad non-disclosure agreement that Donald Trump’s 2016 presidential campaign required employees to sign is unenforceable.

U.S. District Court Judge Paul Gardephe’s ruling generally steered clear of the constitutional issues presented by such agreements in the context of political campaigns. Instead, the judge — an appointee of President George W. Bush — said the sweeping, boilerplate language the campaign compelled employees to sign was so vague that the agreement was invalid under New York contract law.

[andrewjbernhard]

U.S. Public Policies Against Coercion to Arbitration Without a Contract

If you have any questions about arbitration without agreement in advance, coercion to arbitrate, and recognition and enforcement of foreign arbitration awards in the U.S., please contact Bernhard Law Firm at www.bernhardlawfirm.com.

This article briefly discusses the U.S. public policies that are well-defined and dominant, ascertained by reference to the laws and precedents cited, against coercion to arbitration without contract. If you have any questions about arbitration without agreement in advance, coercion to arbitrate, and recognition and enforcement of foreign arbitration awards in the U.S., please contact Bernhard…

[hislop3]

Friday Feature: Litigation, Arbitration, and COVID

TGIF! I live and have an office in Illinois, though my part of the state differs dramatically from the Illinois most people recognize. I live and work in a small town (Galena) in an area known as the driftless region. The driftless region is “original” terra-firma, where the glaciers did not touch. This area is in the far northwest corner of the state, Mississippi river country (Tri-State area –…

[jcorsmeier]

Florida Third District Court of Appeal invalidates arbitration provision and fee agreement because of a violation of the Florida Bar Rules

Hello everyone and welcome to this Ethics Alert which will discuss the recent Florida Third District Court of Appeal opinion which invalidated the arbitration provision in a fee agreement (and the fee agreement itself) because of a violation of Florida Bar Rule 4-1.5(i).  The case is Labelle v. Berenson LLP, 2023 Fla. App. LEXIS 8693 (December 26, 2023). In this case, the plaintiff/client…

[gageblackwood]

Setting up a fitbit I got for Christmas, and actually read all the various "I agree to sell my soul to..." stuff. Amazingly, you can opt-out of forced arbitration with Google!

For one device at a time.

If you request it within 30 days of first starting it up.

And can get the link to work, which took a couple of tries.

Oh, and don't forget that you'll need the serial number (fortunately I had the box still, since google did not tell me to look in the right place for it).

So it does take some work, but maybe a bit less than I expected, and I'm kinda amazed that it's an option in the first place.

[morlock-holmes]

To quote myself, imagine if you bought a pocket calculator at the store in 1980, and then in 1981 Texas Instruments sent you a letter saying, "The terms of use for our calculator have changed, in order to use the calculator you agree to waive any right to a jury trial or class action suit against Texas Instruments or any of its parents or subsidiaries. Continued use of the calculator constituted a binding agreement to these terms. If you do not agree you must immediately stop all use of your pocket calculator. No refund will be provided."

Seriously, writing that out really made it strike me even more how utterly abusive the modern age is to consumers.

The EULA, or End User License Agreement is a binding contract which one party may unilaterally change at any time for any reason and in any way they choose; the counterparty may not negotiate or change the terms of the contract and their only remedy in the case of changes that they don't like is to withdraw entirely from the contract.

Such contracts govern all use of software, which, since software governs the majority of our lives, mean that they now govern the majority of our lives.

Want to order a pizza? Better send the legal contract with the pizza company to the lawyer you keep on retainer and after looking over the documents he'll advise you on the legal ramifications of the pizza transaction.

Oh, you don't keep a lawyer on hand to advise you about ordering pizza or playing video games?

Well, then you can't complain if you don't like something buried in page 20 of the contract you signed with the pizza delivery company.

One of the massively dehumanizing things bureacracy does is demand something that is in practice impossible, like, "Keep a lawyer on retainer to scrutinize the terms of every pizza delivery contract, video rental, major appliance, and video game you interact with." and then condescendingly tell you,

"Well, if you don't do something as simple as that, whatever happens next is *your fault* and blaming someone else shows a weakness in your character."

One of the confounding problems if you want to argue with people who have some kind of luddite leanings is that, well, new technology feels nowadays like an imposition from hostile forces who know that they have you over the barrel because, uh, it is that thing. It is deliberately designed to be that thing.

I like having a cell phone. I hate waiving my right to a jury or to participate in a class action lawsuit. I would pay more, as a consumer, for a phone contract that did not have a binding arbitration clause. I couldn't find one.

So I decided that owning a phone was the lesser of two evils, and that will now be treated as a free choice which I have no right to complain about.

After all, if I wanted the right to join a class action suit I could simply forgo phone service and conduct all communications by the post.

And since I am allowed to choose whether I wish to have legal rights or a telephone, I am not allowed to complain about missing one or the other. After all, *I agreed* to give one of those things up :) :) :) :)

I think this move towards mass abuse of consumers really is one of the more underrated factors in, say, modern American politics.

[legalstudiesin1]

Rose and Frank Co. v. Crompton & Brothers Ltd. (1925)

Rose and Frank Co. v. Crompton & Brothers Ltd., commonly referred to as the “Crompton Case,” is a significant legal case in English contract law. The case was decided by the House of Lords, the highest court in the United Kingdom at the time, in 1925. Facts of the Case:Rose and Frank Co., an American company, entered into a contract with Crompton & Brothers Ltd., a British company, for the sale…