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Alternative Dispute Resolution

Mar. 23, 2005

9th Circuit Cedes Call on Arbitration Dispute to the Arbitrator

SAN FRANCISCO - Only an arbitrator, not a judge, can rule whether an arbitration clause in a business agreement amounts to an unfair "take it or leave it" contract, the U.S. 9th Circuit Court of Appeals ruled Monday.

By Peter Blumberg
Daily Journal Staff Writer
        SAN FRANCISCO - Only an arbitrator, not a judge, can rule whether an arbitration clause in a business agreement amounts to an unfair "take it or leave it" contract, the U.S. 9th Circuit Court of Appeals ruled Monday.
        A three-judge panel of the San Francisco court joined several other federal c...

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