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Arbitration fee waiver request.

January 15, 2016
Mariglio v. Berthel Fischer & Co. Financial Services, Inc., No 1236 CA 14-02021 (N.Y. App. Div. 4 Dept. 11/20/15)

An application to an arbitration panel for a waiver of its fees is a prerequisite for avoiding arbitration on the ground that it is financially prohibitive. A party seeking to invalidate an arbitration agreement on the ground that arbitration is prohibitively expensive bears the burden of showing that the cost differential between arbitration and litigation is so substantial as to deter the bringing of the claim in the arbitratral forum.

Case Law Alerts, 1st Quarter, January 2016

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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