California Supreme Court: Arbitration Agreements Must Permit Public Injunctive Relief

Tribunal Supremo California2017 | Abril 10
In a long-awaited decision, the California Supreme Court has declined to enforce an arbitration agreement due to a provision allegedly waiving plaintiff’s ability to seek “public injunctive relief” under California’s consumer protection statutes. The court’s rationale seems contrary, if not openly hostile, to the recent U.S. Supreme Court precedent enforcing such agreements under the Federal Arbitration Act (FAA).
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Straus Institute for Dispute Resolution at Pepperdine Named Number One Program in the Nation in USNWR Law School Rankings

Pepperdine2017 | Marzo 21
The Straus Institute for Dispute Resolution at Pepperdine University School of Law has once again been named number one among academic dispute resolution programs in U.S. News and World Report’s 2018 Law School Rankings. Released last week, the rankings place the Straus Institute at the top of the list for the twelfth time in thirteen years.
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SVAMC’s 2017 “Tech List” Names the World’s Leading Technology Arbitrators and Mediators

Silicon Valley Arbitration & Mediation Center (SVAMC)2017 | Febrero 7
Silicon Valley Arbitration & Mediation Center (SVAMC), a leading not-for-profit that advances the use of arbitration and mediation in technology and technology-related business disputes in the San Francisco Bay Area and around the world, today released its highly anticipated 2017 List of the World’s Leading Technology Neutrals.
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Master of Dispute Resolution (MDR) | School of Law | Straus Institute for Dispute Resolution at Pepperdine University

PepperdineLearn the Skills to Manage Conflict. Law and non-law students can earn a Master of Dispute Resolution as part as a joint JD, Masters in Public Policy, MBA or as a stand alone degree. The MDR is a 32-unit program offered to those who possess a bachelor’s degree.
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Master of Laws in Alternative Dispute Resolution (LLM in ADR) Degree – USC Gould School of Law

USC CaliforniaOur Master of Laws in Alternative Dispute Resolution (LLM in ADR) is designed for exceptional law graduates and attorneys interested in building strength as an advocate in ADR processes or gaining skills and a prestigious credential for pursuing career opportunities as a mediator or arbitrator.

The LLM in ADR is offered by USC Gould’s comprehensive Judge Judith O. Hollinger Program in Alternative Dispute Resolution on a part-time or full-time basis. Part-time students may begin their studies in the fall or spring semesters. Full-time students may begin their studies in the fall semester only.
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English-Only Arbitration Agreement Deemed Unenforceable

Resultado de imagen de california court appeal seal2016 | Septiembre 14
An arbitration provision that was provided only in English to a population consisting of one-third Spanish speakers, and that required claimants to bear one-half of arbitration expenses, was unenforceable as unconscionable. Sigue leyendo

California Court of Appeal Rules Arbitration Agreement In Employee Handbook Is Not Enforceable

Resultado de imagen de seal Courts of Appeal of the State of California2016 | Septiembre 10
On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate.  Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016).  The employee handbook at issue stated, “[T]his handbook is not intended to be a contract . . . nor is it intended to otherwise create any legally enforceable obligations on the part of the Company or its employees.”
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Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

Resultado de imagen de ninth circuit seal2016 | Agosto 25
The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that it is unlawful to require an employee to sign an arbitration agreement that includes a class action waiver. In Esparza v. Sand & Sea, Inc., the California Court of Appeal refused to enforce an arbitration provision that was contained only in an employee handbook.
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EEUU | Federal | Tribunal Supremo | 2011 | AT&T Mobility LLC v. Concepcion Et Ux.

Banderas > América > USA

2011
Estados Unidos de América | United States of America
Jurisprudencia
EN
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ONU | CNUDMI | 1985-2006 | Ley Modelo sobre Arbitraje Comercial Internacional

ONU CNUDMI - UNCITRAL

1985-2006
Naciones Unidas | United Nations
CNUDMI | UNCITRAL
Tratados | Convenciones
ES | EN | FR | AR | CN | RU
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EEUU | 1925 | Federal Arbitration Act

Banderas > América > USA

1925
Estados Unidos de América | Unites States of America
Legislación
EN
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