When I was in practice, we had a case in which the other party tried to claim that he had not signed a loan agreement that bore his notarized signature. The judge called it the stupidest argument he'd ever heard. In today's post, a Bitcoin mining company tries to get out of an agreement it didn't sign. But it accepted the goods & paid per contractual terms. Not quite as dumb, but still dumb.

#law #contracts #arbitration #litigation #Bitcoin

https://lawprofessors.typepad.com/contractsprof_blog/2023/08/bitcoin-mining-company-bound-by-arbitration-agreement-it-never-signed.html

Noticed that Meta/FB has updated their ToS #Arbitration agreement to defang the recent trend of filing thousands of identical arbitration requests, jamming up company legal teams and forcing them to pay to initiate the processes. Now they limit to 25 “similar claims” and the result of those claims will be used to mediate all remaining claims at once.

Canaan Cuts Bitcoin Mining Power by 2 EH/s Amid US, Kazakhstan Challenges - Canaan, a leading high-performance computing firm and mining rig producer, recentl... - https://news.bitcoin.com/canaan-cuts-bitcoin-mining-power-by-2-eh-s-amid-us-kazakhstan-challenges/ #high-performancecomputing #contractualdisagreement #operationalroadblocks #diminishedoperations #forthcomingproduct #capacityreduction #miningrigproducer #regulatoryhurdles #bitcoinmining #recalibration #cryptosphere #arbitration

Case of the Day: Payward v. Chechetkin. An English court refuses to enforce a California arbitral award in a consumer case (the claimant had an account on the Kraken crypto exchange) on public policy grounds. #lawfedi #arbitration #crypto

https://lettersblogatory.com/2023/08/17/case-of-the-day-payward-v-chechetkin/

Pennsylvania court refuses to enforce Uber's browsewrap arbitration provision because (get this!) it strips users of their right to a jury trial without adequate notice. I love it!

#law #courts #arbitration #uber

https://lawprofessors.typepad.com/contractsprof_blog/2023/08/pennsylvania-court-finds-riders-not-bound-by-ubers-browsewrap-arbitration-agreement.html

Case of the Day: American Graphics Institute v. Noble Desktop (D. Mass.). Adoption of the AAA #arbitration rules is clear and unmistakable evidence that the parties agreed to delegate questions of arbitrability to the arbitrator. #lawfedi

https://lettersblogatory.com/2023/08/10/case-of-the-day-american-graphics-institute-v-noble-desktop-nyc/

In its 2021 Term, SCOTUS placed some limitations on arbitration in employment contracts. In a new article @DrTamarMeshel argues that these are mere nibbles; the Court is still pro-arbitration.

#law #contracts #arbitration #SCOTUS #scholarship #academia

https://lawprofessors.typepad.com/contractsprof_blog/2023/08/tamar-meshel-on-the-arbitration-of-employment-agreements.html

How it started/ How it’s going #nytimes #arbitration

Did the #nytimes just throw in a binding #arbitration clause into their terms of service or has it always been there?

This is beyond creepy. To get #security updates on my #android phone, I need to accept a unilateral #arbitration change? The license and agreements I nominally agreed to included updates..

(Please boost. This is #evil)
#samsung #galaxy #galaxyfold #cybersecurity #android

@jik may I gently disagree with this? It’s 100% true that everyone has the right to have disputes decided by a court, and in many states there is a right to a trial by jury in civil matters, too. That said, my own experience in consumer arbitration, as an advocate and as an arbitrator is that the quality of the process can be very high. #lawfedi #arbitration

https://www.lovenhl.com/900042/ This Could RUIN the Ducks Future #AnaheimDucks #AnaheimDucksFuture #AnaheimDucksHighlights #Arbitration #DucksFuture #hockey #NHL #NhlArbitration #PacificDivision #terry #ThisCouldRUINTheDucksFuture #TrevorZegras #TroyTerry #TroyTerryArbitration #TroyTerryContract #WesternConference

India has been maintaining that it will not join the Pakistan-initiated proceedings at the Permanent Court of Arbitration as the dispute is being already examined by a neutral expert under the framework of the Indus Waters Treaty
#India #PermanentCourt #Arbitration #Dispute #Pakistan
https://www.news18.com/india/india-rejects-ruling-by-permanent-court-of-arbitration-in-dispute-with-pakistan-8270803.html

Musky Musk's work mommy won't give him the money?

Twitter refuses to pay for arbitration it forced on 891 ex-employees, suit says https://arstechnica.com/tech-policy/2023/07/twitter-refuses-to-pay-for-arbitration-it-forced-on-891-ex-employees-suit-says/

#Twitter #Arbitration #Employees #Lawsuit #TechNews

#PSA: New mandatory #arbitration clause with opt-out just dropped for Stripe's "Link" service, which you may use without even realizing it. Best to opt out if you're not sure (more about why in the replies). See the agreement at https://link.com/terms/arbitration/preview. Opt-out instructions:
"...email at legal-opt-out@link.com. The opt-out notice must include your name, address, phone number, and the email address(es) used to log in to the Link Account to which the opt-out applies."
:boostRequest: #privacy 1/2

Here is a post about a quirk in Massachusetts arbitration law that may allow for discovery as of right in arbitrations seated in Massachusetts that are otherwise governed by the Federal Arbitration act. #lawfedi #arbitration https://lettersblogatory.com/2023/06/26/strategy-of-the-day-variations-in-state-arbitration-law/

#Coinbase Gains Victory in #SupremeCourt Over #Arbitration #Lawsuit
https://cryptonews.com/news/coinbase-gains-victory-supreme-court-over-arbitration-lawsuit-heres-what-you-need-know.htm

The Fourth Circuit vacated an arbitral award that ordered an employer to reinstate a worker. The court thought the arbiter did not apply the right standard in reviewing the employer's disciplinary decision. This is a surprising result, given the limited scope of judicial review of arbitral awards.

#law #contracts #litigation #arbitration

https://lawprofessors.typepad.com/contractsprof_blog/2023/06/fourth-circuit-reverses-arbitral-award-because-award-failed-to-draw-its-essence-from-the-arbitration.html

#Twitter’s #Lawyers Admit They’re Overwhelmed As Nearly 2000 Laid Off Employees File #Arbitration Claims in the last few months. #Musk has laid off a huge percentage of Twitter’s #formeremployees. When he took over the company it had around 7,500 employees. Within a month that number was closer to 2,500. The most recent report I’ve seen is that the company is down to around 1,000 employees. So, approximately 6,500 employees are gone. https://www.techdirt.com/2023/06/16/twitters-lawyers-admit-theyre-overwhelmed-as-nearly-2000-laid-off-employees-file-arbitration-claims/ #LegalResearch #SocialMedia #courts

Last year, SCOTUS determined that waivers of arbitration are to be treated like any other waivers and could be established without a showing of prejudice to the non-waiving party. The New York test takes prejudice into account, at least according to the Supreme Court, Bronx County.

#law #contracts #litigation #arbitration
https://lawprofessors.typepad.com/contractsprof_blog/2023/06/ny-supreme-court-bronx-county-on-waiver-of-a-right-to-arbitrate.html