Montana court continues its hostility to mandatory arbitration

Article Abstract:

In the case of Kloss v. Edward D. Jones & Co., the Montana Supreme Court ruled unenforceable an arbitration clause in the contract of a brokerage firm and its customer. The court ruled that the customer could not have reasonably foreseen the presence of the clause and that failure to draw the customer's attention to the clause constituted breach of fiduciary duty. This case demonstrates the Montana Supreme Court's antipathy toward arbitration.

Contracts & orders received, Security brokers and dealers, Securities Brokerage, Contracts & orders let, Stock Brokerage, Stockbrokers, Contracts, Contract agreement, Commercial arbitration agreements, Fiduciary duties

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Arbitration in Brazil: a look at recent developments

Article Abstract:

The use of commercial arbitration in Brazil has begun to gain wide acceptance. The country's 1996 arbitration law survived a constitutional challenge and is accpeted by most courts. Brazil has also signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and appears ready to enforce the provisions of the convention .

Commercial arbitration, Judgments, Foreign, Foreign judgments

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