Osborne Development Corp., Thomas Baker, a homeowner, brought suit against Osborne for defects in housing that Baker had purchased, and Osborne had constructed. However, Osborne had already enrolled the buyers in a Home Warranty program, administered by…
thers are not bound by the arbitration agreement because they did not directly agree to it, as well as the fact that they were never specifically informed of it by HBW. Even though in NCR Corporation vs. Korala Associates Ltd. the court affirmed that arbitration is a legally binding method to solving disputes, Baker did not agree to the clause. Osborne Corp did, but only after the original contract had been signed, causing HBW to re-issue booklets to the homeowners that informed them of the agreement. Yet, in doing so, HBW did not call attention to the agreement, which means that the homeowners would have had no notice of it.
The ethics of this practice can be called into question because while HBW issued booklets to Baker et al with the clause of arbitration included, it did not call any attention to such a agreement nor inform any of the homeowners outright that they would be bound to the agreement. It is not the fault of the homeowners that Osborne entered into the agreement, and therefore they do not have to abide by it. The homeowners did not sign the forms with HBW, Osborne did, and without informing the homeowners directly that they had done so, the homeowners cannot be held accountable. It can be inferred that the provision of arbitration was ‘hidden in the fine print’, and therefore it would be unethical to subject the homeowners to arbitration when they clearly had no way of knowing that they would have to abide by this.
It can also be said that both HBW and Osborne failed in their ethical duty to the homeowners, Osborne because they did not inform the homeowners that they (Osborne Corp.) had entered into the arbitration agreement with HBW, and HBW because it did not clearly inform the homeowners that they were required to solve disputes by arbitration rather than by filing suit.
Baker and the other homeowners, even though there is an agreement for arbitration under the warranty, are not bound by it because they did not sign the agreement directly ...
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(“Arbitration Assignment Example | Topics and Well Written Essays - 250 words”, n.d.)
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(Arbitration Assignment Example | Topics and Well Written Essays - 250 Words)
“Arbitration Assignment Example | Topics and Well Written Essays - 250 Words”, n.d. https://studentshare.net/miscellaneous/404922-arbitration.
The researcher discusses in detail the importance of the arbitration process along with the factors prerequisite for the arbitration to continue. The relationship between the agreement to arbitrate and the arbitration process is established in order to reach a conclusion regarding the notion. The nature of the arbitration agreement and various provisions of it are considered in the overall analysis.
In this scenario, TGL should deal with Tourist Drivers Limited as if it were dealing with the government of Languada. Generally, Arbitration Act gives the parties latitude to decide how their disputes should be solved.2 It shall be essential for Toop Gearbox Limited (TGL), to ensure that certain provisions are incorporated in the arbitration clause.
As a consequence, international trade has increased and so does the interaction among states. However, it also entailed conflicts between states and multinational entities as they form bilateral and multilateral relationships within the globalisation framework.
The Arbitration Act controls both domestic and international business arbitration under similar standards and also contains necessities for the recognition and execution of arbitration awards in accordance to the Geneva Convention on the implementation of Foreign Awards.
red the conflict of legal rules to concern only the private law and only a particular public law would be concerned as mandatory within the dispute with within a private law. Consequently, the wide acceptance is lack of conflict of laws between private and public laws of
49.9% versus 50.1%. The case that can be built from this incident could be one of harassment at deviation from the school’s code of ethics. One could also argue of racially initiated injustices. If the arbitrator jury or judge believes that the