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A party cannot be compelled to submit to general arbitration unless

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Senior Manager
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Joined: 27 May 2014
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A party cannot be compelled to submit to general arbitration unless [#permalink]

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New post 02 Dec 2017, 22:55
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A
B
C
D
E

Difficulty:

  95% (hard)

Question Stats:

26% (01:29) correct 74% (02:01) wrong based on 65 sessions

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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.
[Reveal] Spoiler: OA

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Manager
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Re: A party cannot be compelled to submit to general arbitration unless [#permalink]

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New post 03 Dec 2017, 00:26
That is one difficult argument to comprehend.

I'll go with E. Waiting for the OA and OE
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Re: A party cannot be compelled to submit to general arbitration unless [#permalink]

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New post 11 Dec 2017, 18:32
My answer is C.

C) In some scenarios, general arbitration can be pursued even if one of the parties is unwilling to get into the arbitration.

First line of the prompt says 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. implying in some cases if there is a contract the second party can be compelled to come for an arbitration.

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Re: A party cannot be compelled to submit to general arbitration unless   [#permalink] 11 Dec 2017, 18:32
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A party cannot be compelled to submit to general arbitration unless

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