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A party cannot be compelled to submit to general arbitration

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A party cannot be compelled to submit to general arbitration

Post Sun Dec 03, 2017 6:14 am
A party cannot be compelled to submit to general arbitration unless there is a contractual basis for concluding that the party agreed to do so. However, class arbitration is a specific kind of arbitration that changes the nature of general arbitration to such a degree that it cannot be presumed that parties consented to class arbitration simply by agreeing to submit their disputes to an arbitrator.

Which of the following statements is best supported by the passage above?

A) Generally, class arbitration and general arbitration are used for different kinds of disputes.
B) A company cannot sign a contract with another company that allows it to pursue class arbitration even before opting for general arbitration.
C) In some scenarios, general arbitration can be pursued even if one of the parties is unwilling to get into the arbitration.
D) If the arbitrator decides so, then a company can be subjected to class arbitration because it agreed to settling the disputes through general arbitration.
E) Even if there is a contractual basis for class arbitration, a party cannot be compelled to enter in to it if it prefers to opt for general arbitration instead.

What's the best approach to determine the answer? Can any experts help?

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