In their deposit agreement, the plaintiff-customer agreed that the defendant-credit union could amend the agreement and give her notice by email of any such change. The credit union sent plaintiff three emails notifying her of a change to the agreement’s ...

Tagged with: Arbitration

Plaintiff’s attorney-in-fact signed a “Resident Agreement” before plaintiff moved in to defendants’ senior living facility. The Resident Agreement includes an arbitration clause. Although no one signed the Resident Agreement on behalf of defendants, defendants accepted the contract by accepting plaintiff ...

Tagged with: Arbitration

Although an order compelling arbitration is not usually immediately appealable, the trial court made its order immediately appealable – partially – by also dismissing the complaint with prejudice in violation of the North Carolina Revised Uniform Arbitration Act.  We reverse ...

Tagged with: Arbitration

  A retail chain referenced in a credit card agreement between a bank and the store’s customer can’t compel arbitration as a third-party beneficiary to the contract, the North Carolina Court of Appeals has unanimously ruled, the latest turn in ...

Tagged with: Arbitration Contract

  In a case with implications for the enforceability of arbitration agreements, the North Carolina Court of Appeals has affirmed the denial of a motion to compel arbitration after a debt buyer failed to demonstrate that it had also obtained ...

Tagged with: Arbitration

By James P. McLoughlin Jr. Federal law authorizes federal courts to provide discovery assistance to a “foreign or international tribunal” and litigants with an interest in those proceedings. The 2nd Circuit’s July 2020 decision holding that “foreign or international tribunal” ...

Tagged with: Arbitration

By Jared L. Hubbard and Malgorzata Mrózek In today’s globalized economy, local companies can have a global reach, entering into mergers, acquisitions, manufacturing contracts, licensing agreements, joint ventures, and research and development partnerships with companies and institutions around the world. ...

Tagged with: Arbitration

Federal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a motion to compel arbitration, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Federal Arbitration Act

As globalization intensifies, the business world gets smaller and smaller every day. An unintended result of local businesses buying and selling in international markets, or international businesses setting up shop in North Carolina, has been that the attorneys and law ...

Tagged with: Arbitration

When Microsoft announced in December that it was removing language from contracts signed by some of its employees that required them to pursue any sexual harassment claims against the company through binding arbitration rather than through the court system, it ...

Tagged with: Arbitration