Friday, August 22nd, 2008

Alaska Supreme Court: State Owes Interest on Arbitration Award

The Alaska Supreme Court issued one opinion today, and it’s an arbitration one.  Here’s Justice Matthews’ summary:

The question presented is whether the State is protected by sovereign immunity from payment of prejudgment interest on an award made by an arbitrator under a collective bargaining agreement. The superior court decided that the State was not so […]

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Filed under Prejudgment interest, Arbitration, Sovereign immunity

Friday, August 22nd, 2008

9th Cir: Mandatory Arbitration Unconscionable Where Employer Holds Disparate Bargaining Power and Imposes Cost Sharing

Applying Oregon law, a 9th Circuit panel has held that the combination of substantial disparity in bargaining power and unreasonably favorable terms to the more powerful party renders a mandatory arbitration agreement unconscionable.
Disparity in bargaining power is endemic in contracts between employees and employers. It is present here. Gray, as an employee, had virtually no […]

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Filed under Arbitration