are arbitrators bound by judicial precedent?
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Judges, of course, are often formally bound by the decisions of courts superior in the hierarchy. Because arbitration typically lacks an appellate mechanism, this form of vertical precedent does not exist.
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Last year we reported on the California Supreme Court's decision that class action waivers in employment contracts are enforceable in California notwithstanding unconscionability or State public policy to the contrary when the Federal Arbitration Act (“FAA”) applies.
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As for Sheindlin, she has not been a judge for decades. During Judge Judy, she serves as an arbiter at a binding arbitration—a private alternative to a court case. But Sheindlin operates in her fake courtroom just like she did in a real one.
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Common Law judges base their decisions on precedent of past decisions and, to a certain extent, common sense as understood at the time of the decision. In legal systems based on Napoleonic Code, however, judges are supposed to rule based on the legal code, and that's all.
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Cost. Arbitration often is less costly than court litigation, primarily due to the compressed schedule for the completion of discovery and trial. ... The judge is assigned by the court without input from the parties. Thus, arbitration affords the parties the ability to select the decider, whereas court litigation does not.
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While domestic ADR provides an alternative to a court disposition, often times in international ADR, there is no ready court or law to turn to. Thus, ADR is even more important in international disputes. Also, while international arbitration is more established, international mediation may also be an ideal solution.
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It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate. Judicial restraint is sometimes regarded as the opposite of judicial activism.
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Setting aside default judgment The documents were not served correctly. The defendant has to show that the documents were not served, which would explain why the claimant had ability to enter judgment. This has to be done by way of an "application on notice" (motion).
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The trouble with forced arbitration clauses. Google workers hit the headlines recently when they staged a worldwide walkout. ... Although these clauses do not prevent criminal enforcement in the US, they do preclude civil claims, the right to an appeal, and often also the ability to participate in class action lawsuits.
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a. Binding arbitration exists only at the appellate level of the court system. b. Non-binding arbitration occurs when the court does not have jurisdiction over one of the parties in the arbitration.
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The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.
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Are First Tier Tribunal (FTT) determinations binding on other sites? Although previous tribunal decisions may offer an insight on a specific scenario, they are not binding on other tribunals. Nevertheless, Upper Tribunal decisions (and those of the Court of Appeal and Supreme Court) are legally binding.
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“In the case of wills, it is testamentary undue influence, amounting to outright and overpowering coercion of the testator, which must be considered. The party attacking the will bears the onus of proving undue influence on a balance of probabilities.” Banton v.
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For example, a parent cannot deny access because the other parent is not paying child support. ... Unless a court or arbitrator decides otherwise, what a parent does during his or her “parenting time” is not the business of the other parent.
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As for Sheindlin, she has not been a judge for decades. During Judge Judy, she serves as an arbiter at a binding arbitration—a private alternative to a court case. But Sheindlin operates in her fake courtroom just like she did in a real one. ... Since Judge Judy is an arbitration, it can't cover criminal cases.
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Simply, arbitration clauses in contracts are enforceable, and state contract law is unlikely to undermine them. ... In all, the Imburgia decision should provide comfort to companies using arbitration clauses and class-arbitration waivers in standard consumer contracts, even where those provisions are governed by state law.
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In commercial litigation, it is not at all unusual for courts to be called upon to determine whether an unsigned agreement is binding. ... They have long recognized that a binding agreement may be found, even though a contract was not signed, so long as it is not proscribed by New York's statute of frauds, NY Gen.