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After that, each side would submit five of the remaining unresolved items to so-called baseball arbitration, in which the arbitrator picks one offer or the other rather than drafting a compromise.
The injunction, granted on Wednesday, allows the two to proceed with what is known as baseball arbitration, in which an arbitrator declares one side or the other the winner.
The new terms would have required anyone who interacted with General Mills online — for example, by downloading coupons — to forgo the option of suing the company in court, and instead adjudicate claims through a process called "binding arbitration," in which both parties present arguments before a professional arbitrator who has legal authority to fashion remedies.
The new terms would have required anyone who interacted with General Mills online for example, by downloading coupons to forgo the option of suing the company in court, and instead adjudicate claims through a process called "binding arbitration," in which both parties present arguments before a professional arbitrator who has legal authority to fashion remedies.
Instead, they argue, the consumer must use binding arbitration, in which the decision is final.
Arbitration, in which the two sides agree to resolve disputes outside of court using informal procedures, is more complicated.
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More and more health care providers are pushing for binding arbitration -- in which an arbitrator or panel of arbitrators unconnected to a case hears arguments from both sides and renders a decision -- to reduce their costs.
The policy attack on arbitration relies on unjustified stereotypes – an imaginary court system that is efficient and accessible and an imaginary arbitration system in which businesses pick biased decision makers and set whatever rules they want.
The association has an arbitration process in which all its members must participate.
Investigators are examining a 2008 arbitration case in which Bernard Tapie, a businessman, was awarded $535 million to settle a dispute with Crédit Lyonnais, a state-owned bank.
Last week, Citigroup lost an arbitration case in which it tried to claw back $900,000 that it said it "mistakenly" paid to a former executive, Anthony Orefice.
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CEO of Professional Science Editing for Scientists @ prosciediting.com