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Contracts Keyed to Murphy
Brook v. Peak International, Ltd
Facts
Plaintiff had an employment contract with Defendant. Less than a year after Plaintiff began work, Defendant terminated Plaintiff. The contract stated that all conflicts were to be resolved through arbitration. During the process of selecting an arbitrator, the AAA greatly deviated from the selection process outlined in the contract. The arbitrator ruled in favor of Defendant. Plaintiff sued to have the arbitration set aside. He did not mention the selection process until the judge suggested that that would be a ground to set aside the arbitration.
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