Asked by Breanna Clayton on May 01, 2024
Verified
Was Dominic correct when he told Naomi that if she lost at the arbitration level, a federal judge would consider the case anew without consideration of the arbitration agreement?
A) Yes, because an action in court is considered completely separate from an arbitration proceeding.
B) Yes, but only if Naomi filed an "Intent to Seek Further Relief" form with the arbitrator.
C) No, because the arbitration agreement would completely bar Naomi's ability to file a court action.
D) No, because in a later court action, a federal judge in district court would only reverse an arbitrator's decision for certain reasons such as that the arbitrator displayed bias or corruption.
E) Dominic is correct only because an international company is involved.
Arbitration Agreement
A contract in which two or more parties agree to settle a dispute outside of the court system, typically through the decision of a neutral third party.
Federal Judge
A judge appointed by the president of the United States and confirmed by the Senate, serving within the federal court system.
- Comprehend the consequences of arbitration agreements and their validity under both federal and international statutes.
- Examine the effects of Alternative Dispute Resolution on privacy and confidentiality in settling disputes.
Verified Answer
CR
Cameron RobinsonMay 03, 2024
Final Answer :
D
Explanation :
Dominic was incorrect in suggesting that a federal judge would consider the case anew without consideration of the arbitration agreement. In reality, federal judges can only reverse an arbitrator's decision under specific circumstances, such as evidence of bias or corruption by the arbitrator. This is because arbitration decisions are generally final and binding, with courts having limited scope to review and overturn these decisions.
Learning Objectives
- Comprehend the consequences of arbitration agreements and their validity under both federal and international statutes.
- Examine the effects of Alternative Dispute Resolution on privacy and confidentiality in settling disputes.
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