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ADR Cases |  | | January 20-26, 2012 FindLaw.com Weekly ADR Newsletter | | You may forward this e-mail in its entirety.
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ADR Cases United States Third Circuit, 01/20/2012
Khan v. Dell Inc., No. 10-3655
On a motion to compel arbitration brought by a defendant computer manufacturer in a case alleging design defects brought as a putative consumer class action by a purchaser, the district court's judgment denying the motion is vacated and the case remanded, where: 1) the arbitration agreement in the purchase contract did not indicate the parties' unambiguous intent not to arbitrate their disputes if the named arbitrator was unavailable; and 2) Section 5 of the Federal Arbitration Act requires a court to address such unavailability by appointing a substitute arbitrator. Read more...
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