Consumer arbitration means an arbitration conducted under a pre-dispute arbitration provision contained in a contract that meets the criteria listed in paragraphs (1) through (3) below. “Consumer arbitration” excludes arbitration proceedings conduct- ed under or arising out of public or private sector labor-relations laws, regulations, charter provisions, ordinances, statutes, or agreements.
Consumer arbitration means arbitration pursuant to a
Consumer arbitration means an arbitration that
Examples of Consumer arbitration in a sentence
All references to Commercial arbitration rules are replaced with Consumer arbitration rules.
More Definitions of Consumer arbitration
Consumer arbitration means binding arbitration under a consumer arbitration agreement in which a party to the arbitration is a consumer. [PL 2007, c. 250, §1 (NEW).]
Consumer arbitration means any standard arbitration where one 15 party to the arbitration is a consumer;
Consumer arbitration means arbitration pursuant to a standardized contract, written by one party, with a provision requiring that disputes arising after the contract's signing shall be submitted to binding arbitration, and the party not writing the contract is a consumer. “Consumer arbitration” shall not include an arbitration conducted or administered by a self-regulatory organization as defined by the “Securities Exchange Act of 1934” (15 U.S.C. s.78c), the “Commodity Exchange Act” (7 U.S.C. s.1 et seq.), or regulations adopted under those acts.
Consumer arbitration. What are the policy reasons for arbitration?? Arbitration makes parties settle their problems outside of court, it is a much more efficient process and less costly. It is suppose to come out with the same result a court would decide and it is more fair because the parties agree on a mutual arbitrator. Policy: The law attempts to protect those who are unfairly taken advantage of. Deals with Unconscionability, Duress, Misrepresentation, Capacity and Equity. Formality Approach: Doesn’t matter who you are, the courts aim to give a fair results under all contract agreements. (ex. Statute of Frauds, Parol Evidence, Limitations on Damages and Four corners rules)
Consumer arbitration was intended to means cases where the process is binding on the consumer and conducted under a pre-dispute arbitration provision contained in a printed form agreement or drafted by the non-consumer party (e.g., adhesion contracts). Consumer cases was meant to be defined as those involving health care and treatment (malpractice), employment (excluding collective bargaining agreements), and transactions by which an individual seeks or acquires any goods or services primarily for personal, family, or household purposes, including financial services, insurance, and other goods and services, as defined in Section 1761 of the Civil Code. (See AB 3029 (Steinberg) of 2002 which contained the intended definitions of terms for the legislative package but which was not chaptered. See also Assembly Judiciary Committee Report on AB 1713 (Judiciary) of 2003 evidencing the Legislature's intent regarding these definitions.)