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The rule is radioactive to banks, credit card companies and other lenders because, like Trump when he was running his businesses, these firms routinely include mandatory arbitration provisions in their contracts, forcing people to privately arbitrate rather than have a day in court.
This principle has been extended to arbitration provisions that allow the stronger party a range of remedies before arbitrating a dispute, such as self-help, while relegating to the weaker party the sole remedy of arbitration.
Arbitration provisions in contracts are enforceable, including in discrimination cases.
In some ways the arbitration provisions may be a victim of Delaware's success.
He cited a proposal by Mr. Specter that might help preserve the arbitration provisions.
Union contracts have grievance and arbitration provisions for the resolution of disputes.
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Here, although the TOS are ubiquitous throughout Second Life, Linden buried the TOS's arbitration provision in a lengthy paragraph under the benign heading "GENERAL PROVISIONS". See TOS 13.
Under California law, substantive unconscionability has been found where an arbitration provision forces the weaker party to arbitrate claims but permits a choice of forums for the stronger party.
Alternatively, Linden has offered to ameliorate the one-sidedness of the TOS's arbitration provision by suggesting that Linden could waive the requirements for three arbitrators, post the initial fees of arbitration, and agree to arbitrate in Philadelphia instead of San Francisco.
If an arbitration provision "operated..
Advanced Analogic likely rues the day that it agreed to this arbitration provision.
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