PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........No Agreement to Arbitrate
 17 Cards On This Topic:
  • Under Cal. Arbitration Act, arbitration may be ordered only if a K to arbitrate exists.
  • Under USAA, arbitration may be ordered only if the parties have contracted to arbitrate.
  • In Taft-Hartley case, arbitration may be ordered only if parties have contracted to arbitrate.
  • Where Ds deprived P of a reasonable opportunity to know the character of the proposed contract, it was void because of fraud in the inception, and every part was unenforceable, including the arbitration provision.
  • Arbitration clause in title insurance policy not enforceable where arbitration not mentioned in prelim. title report and report referred to policy different than the one insurer issued.
  • Arbitration decision for Ds reversed where real estate sales contract contained only the warning language required to ••accompany•• arbitration agreement but not the arbitration agreement itself.
  • Securities firm could not compel arbitration under NASD w/out Ps' written consent, where firm was out of business and no longer NASD member.
  • Because P’s withdrawal of consent to its attorney to enter binding arbitration agreement was not communicated to D before D accepted offer, there was a binding contract to arbitrate.
  • Patient bound by arbitration agreement with doctor where she voluntarily agreed to sign it before receiving medical treatment.
  • Arbitration provision unenforceable where reverse mortgage docs obtained from sight-impaired senior by fraud in the execution.
  • Given language of stipulation, esp. agreement to use AAA Comm. Arb. Rules, panel's prehearing inquiries, and implied consent in parties/attys' conduct, stip was agreement to binding arbitration, not reference.
  • Because words of real estate contract indicated buyers and sellers did not both agree to arbitrate, there was no arbitration agreement to enforce.
  • Arbitration clause in 1st agrmt between parties did not control dispute arising out of 2d agrmt which involved separate enterprise and separate contractual relationship.
  • Failure to incorporate arbitration clause by reference defeats arbitration.
  • Clauses stating disputes "may" be arbitrated or arbitrated "if the parties agree" do not require arbitration.
  • Agreement for audit by accountants does not cover tort and other contract claims.
  • Clause stating disputes "may be submitted" to arbitration requires arbitration; otherwise would be barren recital lacking validity and enforceability.


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