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Religious Conflict Between India Pakistan
By Kumar
It is indeed a shame to associate conflicts with religion. Does Christianity summon Christian extremists to bomb abortion clinics in the West? Does Islam summon Muslims in Palestine to kill Israelis and themselves in suicidal attacks? Does Hinduism preach kidnap and kill those who are against Hinduism? To most Indians and I am sure Pakistanis as well as also to most people of other religion will more than agree that such practices are wrong and must be condemned. Religions do not contain inherent “conflict-genes”, making unsolvable conflicts an inevitable outcome of their co-existence. Conflicts involving religion are always the result of misperceptions in our minds. In mid-nineties Samuel P. Huntington became widely known for his fright-provoking prediction of a future worldwide clash of civilizations. This new dilemma would amount to nothing less than a “re-making of the world order”. The Cold War logic of states uniting with either of two ideologically opposed superpowers would be replaced by a pattern of unity determined by the dominating religions. A possible outcome of this separation of the world society would be a world order derived from and determined by religious differences. Looking at the current international scene one could be tempted to conclude that actual happenings are giving real life to Huntington’s scenario. Western political elites especially are applying an approach, portraying Islam as the root cause of terror. This is dangerous. It threatens to demonize followers of a specific religion thereby running the risk of producing endless counter-demonizations adding to a security dilemma of Cold War type where every step taken by one part is perceived as a threat by the other who then has to retaliate… Essentially, the approach is also an assault on the religion Islam itself. It implies that all Muslims are extremists, which is as inaccurate as saying that the ultra rightwing
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moral majority in USA fairly represents Christianity. One of many shortcomings in the world of today is judging Islam by the conduct of a minority of its people. If a religion is to be judged on its role in this should logically be done on the basis of its sources, not on the basis of extreme acts of a tiny minority of its self-proclaimed followers. In the case of Islam the sources are the Qur’an and Sunna (teachings of prophet Muhammad), e.g.: “Allah commands justice and doing good and giving to relatives. And He forbids indecency and doing wrong and tyranny. He warns you so that hopefully you will pay heed” (Qur’an, 16:90). Even though religions are essentially about building peace, they are unfortunately sosmetimes misinterpreted and misused. When this happens it is a result of constructions of the mind about religion and about “the other”. In the current global between religious fundamentalists and secularists, for instance, each party perceives and talks about the other as posing threats to their societal orders and ways of living. When secularists preach secular state, pluralism, and abolishment of Sharia-laws, fundamentalists perceive it as attacks on Islam. Secularists on the other hand perceive religious fundamentalism as an existential threat to their societies and ways of life. They almost regard the secular society as something holy. What were once open societies have become xenophobic entities. Many religious leaders have expressed the need for harmony and unity in the fight against terror. Ironically, the biggest obstacle seems to be the political leaders who are fully occupied with demonizing “axis’s of evil” and “opponents of freedom”. There is need for clarification of religion and its relationship to conflict. Firstly, it must be appreciated that it is not religion as such but specific fundamentalist constructions of religion that produces like India Pakistan. Secondly, religious fundamentalism itself tends to transform religion into ideology. This is an assault on religion that can only be done well through re-mystification. Religious conflicts are a product of misperception in our minds. Let us not create another cold war based on them. No religion legitimizes conflict! His Excellency, Mohamed Khatami, Presedent of Iran, once complained in an inter-religious forum: “Dialogue amongst civilizations, particularly dialogue between Islam and Christianity is vital, essential and inevitable. Today, people speak of the global village. However, the problem is that residents of this global village are unable to understand each other. Isn’t it catastrophic that people of this village are deaf and dumb and worse than that, they have hostile thoughts toward each other".
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Federal Court in New Jersey Rules That FAA Preempts Rule Against Class Waivers in Arbitration Agreements
Eighth Circuit Upholds Class Waiver Where Arbitration Agreement and Statutory Fee-Shifting Provision Would Allow Claimant to Recover Her Attorney Fees
California Law Allows Parties to Contract for Heightened Judicial Review of Arbitration Awards
Court Upholds Class Waiver in Wireless Service Agreement Because Customer Had "Meaningful Opportunity" to Reject the Agreement
Texas Court of Appeals: Parties Cannot Obtain Heightened Judicial Review by Arguing That Arbitrator Exceeded Their Powers
Arbitrator Did Not Exceed Powers by Applying Equitable Principles and Excusing Noncompliance with Notice-and-Cure Provision
Arbitration Rules Provided Legal Basis for Attorney Fees Award By Authorizing Arbitrator to Grant Any "Just and Equitable" Relief
Party Who Received Notice of Arbitration But Did Not Object Can Not Raise Post-Award Challenge to Existence of Arbitration Agreement
Colorado Law Permits Attorney-in-Fact to Agree to Arbitration on Behalf of Nursing Home Resident
Sexual Assault Claim Falls Outside the Scope of Employee's Arbitration Agreement
Louisiana Court Holds That FAA Deadline for Challenging Award Does Not Preclude Party from Arguing No Arbitration Agreement
FAA Preempts Texas Law Imposing Special Conditions on Agreements to Arbitrate Personal Injury Claims
FAA Does Not Apply to Mediation Agreements
FORUM Code of Procedure Authorizes Arbitrators to Sanction Parties Who Bring Frivolous Claims
Federal Court Honors Choice-of-Law Provision and Upholds Class Waiver Under Virginia Law
Third Circuit Finds No Procedural Unconscionability Where Employee Agreeing to Arbitrate Was Highly Educated
California Court Finds That Parties Cannot Contract for Heightened Judicial Review of Arbitration Awards
Sixth Circuit Holds That Non-Signatories Have No Right to Interlocutory Appeal of Order Denying Arbitration
Arkansas Federal Court Finds That FAA Preempts Mutuality Requirement
Under Missouri Law, Wrongful Death Claims Now Arbitrable Under Decedent's Arbitration Agreement
Reference to Arbitration Rules Proves Parties' Intent to Submit Arbitrability Questions to Arbitrator
Arbitrator Exceeded His Powers by Disregarding Parties' Instructions to Apply Wisconsin Law
Supreme Court Holds That FAA Grounds for Vacatur Are Exclusive
Federal Arbitration Act Preempts Oklahoma Law Disallowing Arbitration Agreements in Nursing Home Contracts
Seventh Circuit Upholds Arbitrator's Award of Equitable Relief
Supreme Court Grants Cert to Answer Lingering Question on Permissible Scope of Union-Negotiated Arbitration Agreements
Termination of Employee for Refusing to Execute an Arbitration Agreement Covering Pending Claims Held "Retaliatory" by Eleventh Circuit
Supreme Court Holds That "Judge Alex" Must Arbitrate Dispute with Alleged Talent Agent
North Carolina Supreme Court Finds Arbitration Cost-Prohibitive Where Agreement Required Losing Party to Pay for Arbitral Appeal
Arbitration Agreements "Part of the Bargain" If Conspicuous or Brought to Attention Elsewhere in the Contract
Under Mississippi Law, Health Care Surrogates Have Statutory Authority to Agree to Arbitration
Law Firm Did Not Waive Right to Arbitrate by Filing Collection Lawsuit
Ninth Circuit Finds Class Waiver Unenforceable Under Washington Law
Pennsylvania Supreme Court Finds No Federal Preemption of State's Thirty Day Limit on Challenging Arbitration Awards
Party Waived Challenge to Validity of Arbitration Agreement by Not Appearing in Court or Arbitration
Agreement to Arbitrate Must Be Mandatory To Be "Health Care Decision" Under Mississippi Statute
Arbitration Rules Preserve Arbitration Agreement by Allowing Claimant to Avoid Unaffordable Costs
Arbitrators' Lack of Information Does Not Constitute "Mistake" That Would Warrant Award Modification
Awareness of Underlying Contract Along with Access to Its Terms Sufficient to Prove Existence of Arbitration Agreement
Notice Deficiencies Render Class Waiver Unenforceable Under Massachusetts Law
Prohibition on Written Opinions Renders Employee's Arbitration Agreement Unenforceable
Party Fails to Preserve Issue of Arbitrability by Not Objecting to Arbitration Proceeding
Federal Court Grants Comity to Tribal Court's Vacatur of Arbitration Award
Three-Month Deadline for Challenging Award Started to Run When Award Was Placed in the Mail
Power of Attorney for Health Care Decisions Authorized Attorney-in-Fact to Enter Arbitration Agreement
Upholding Class Waiver Under Texas Law Did Not Violate Public Policy of Washington
Award Confirmation Does Not Require Signed Agreement
Ninth Circuit Finds Class Waiver Unenforceable Under California Law
Dispute Arising from "Deep Throat" Revelation Must Be Arbitrated
Nonsignatory Fails in Attempt to Compel Arbitration of Dispute Arising from Separate Agreement
Inventorship Disputes Can Be Resolved Through Arbitration
Good Faith Appeal from Order Denying Arbitration Precludes Further Discovery
Party Waived Right to Arbitrate By Misleading Court on Terms of Proposed Settlement
New Mexico Court Honors Texas Choice-of-Law Provision in Upholding Arbitration Agreement
Arbitrator Must Decide Whether Party Complied with Conditions Precedent to Arbitration
Oregon Court Relies on AAA's Class Arbitration Policy in Holding That Arbitration Agreement Permits Class-Wide Proceedings
Second Circuit Finds "Evident Partiality" Where Arbitrator Attempted to Preserve Neutrality by Not Investigating a Potential Conflict
Proper Mailing of Arbitration Agreement Creates Presumption of Receipt
Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver Under Texas Law
Arbitrator Exceeded His Powers by Disregarding Contractual Mandate to Award Attorney Fees to the Prevailing Party
Doctrine of "Complete Preemption" Creates Federal Jurisdiction over Petition to Compel Arbitration
Arbitrator, Not Court, Must Decide Whether Arbitration Proceedings Should Be Consolidated
New Jersey Arbitration Act Expressly Permits Parties to Contract for Heightened Judicial Review
Operator of Virtual World "Second Life" Must Resolve Real World Dispute in Court
California Law Does Not Allow Parties to Challenge Arbitration Awards Beyond the Statutory Deadline
Colorado Supreme Court Rejects "Intertwining Doctrine" As Basis for Denying Arbitration
New Jersey Federal Court Applies Utah Law in Upholding Bar on Class-Wide Proceedings
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Fifth Circuit Upholds Arbitration Agreement in Employment Dispute
Alabama Supreme Court Finds "Clear and Unmistakable" Evidence of Intent to Arbitrate Questions of Arbitrability
Arbitrators Exceeded Their Authority by Ignoring Clear Language of Contract
Class Action Waiver Upheld Under D.C. Law
Ninth Circuit Implicitly Adopts Rebuttable Presumption of Procedural Unconscionability, but Only for Employee Contracts
Ohio Supreme Court Preserves Arbitration Agreement by Severing Provision for Heightened Review
Presumption in Favor of Arbitration Does Not Extend to Jury Trial Waivers
Court Can Delve into Merits of Arbitrable Dispute When Party Seeking Arbitration Requests Ruling on the Merits
Eleventh Circuit: Federal Courts Have Jurisdiction Over a Petition to Compel Arbitration If Underlying Dispute Presents Federal Question
Court Refuses to Enforce Arbitration Agreement Because AHLA Arbitration Rules Elevated the Claimant's Evidentiary Burden
Claim of Duress Raised a Question for the Arbitrator, Not the Court, Because Alleged Duress Related to the Contract As a Whole
Connecticut Supreme Court Upholds AAA Arbitration Award Despite Vacancy on Arbitration Panel
Federal Court Follows Majority Rule and Stays Further Proceedings Pending Appeal from Order Denying Arbitration
Lack of Mutuality Does Not Necessarily Invalidate an Arbitration Agreement Under Oregon Law
Federal Court Upholds Class Action Waiver Under Arkansas Law
Lack of Mutuality and Limitation on Damages Render Arbitration Agreement Unenforceable Under South Carolina Law
California Court Honors Delaware Choice-of-Law Provision in Upholding Agreement to Arbitrate
Fourth Circuit: Validity of Class Action Waiver Is a Procedural Question for the Arbitrator, Not a Gateway Issue for the Court
Arbitration Agreement Governs Underlying Contract Rejected by Bankruptcy Debtor
Kentucky Savings Statute Tolls Deadline for Challenging Arbitration Award
Frivolous Challenge to Arbitration Award Triggers Sanctions
Maryland Court "Stands Firm in the Majority" of Courts Upholding Class Action Waivers
Court Rejects Unconscionability Challenge to Arbitrator's Determination That Class-Wide Proceedings Were Unavailable
California Court Finds That Husband Did Not Have Statutory Authority to Enter Arbitration Agreement on Wife's Behalf
Second Circuit Precedent Allows Courts to Grant Provisional Remedies When International Arbitration Is Pending
Court Finds That Arbitration Can Advance Policy Embodied by Antihazing Statute
Employee Cannot Intervene in EEOC Enforcement Lawsuit If Discrimination Claims Are Subject to Arbitration
ADR Provision Remains in Force After Termination of Underlying Contract
Florida Law Does Not Allow Interlocutory Appeal from Order Vacating Arbitration Award
NASD Arbitration Rules Do Not Allow Class Action Waivers
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Arbitrator Decides Challenge to Underlying Contract Whenever FAA Governs Arbitration Clause
Arbitrator Exceeded Powers by Awarding Treble Damages When Claimant Only Sought Actual Damages
Core Bankruptcy Proceeding Disputes Are Arbitrable
Arbitrator's Award Was Sufficiently Detailed to Satisfy the Parties' Agreement That the Arbitrator Must Issue a "Reasoned" Award
California Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver
Non-Signatory to Arbitration Agreement Must Object to Jurisdiction Before Award Is Issued
Arbitrators Exceeded Their Powers by Awarding Fees in Contravention of the Parties' Agreement
Nonsignatories Under the Doctrine of Equitable Estoppel Enjoy FAA Right of Appeal
Federal Court Treats "Infancy Doctrine" As a Question for the Court to Determine Existence of Arbitration Agreement
Eighth Circuit Upholds Arbitration Award over Public Policy Challenge
Arbitration Agreement Continues in Effect After Expiration of Underlying Contract
Fifth Circuit Holds That Arbitration Clause in Settlement Agreement Between Seaman and Employer Is Covered by FAA
Court Rejects Unconscionability Challenge to Nursing Home Arbitration
Missouri Court: Motions to Compel Arbitration Will Not Be Granted Unless Served on Opposing Party Within a Reasonable Time
Challenge to Arbitration Award Must Be Timely
Court Orders Arbitration of Derivative Action Pursuant to Shareholders' Arbitration Agreement
Federal Court in Colorado Upholds Bar on Class-Wide Proceedings
Mississippi Supreme Court Upholds Agreement to Arbitrate Questions of Arbitrability
Party Can Seek an Order Compelling Arbitration When Opposing Party Refuses to Arbitrate in Designated Locale
Arbitrator Must Decide Whether a Party Has Waived Right to Arbitrate, Unless Alleged Waiver Is Based on Litigation Conduct
Seventh Circuit: FAA Does Not Require Court to Stay Entire Case When Only Some Issues Are Subject to Arbitration
Texas Federal Court Overturns Arbitral Award Based on Parties' Agreement for a Heightened Standard of Review
Limited Right of Modification Makes Arbitration Agreement Fair and Enforceable
Challenge to Validity of the Contract As a Whole Must Go to the Arbitrator
Receipt of Medicaid Payments Triggers Application of Federal Arbitration Act to Employment Dispute
Sixth Circuit Concludes Arbitrators Did Not Exceed Powers and Upholds Summary Arbitration Award
Fifth Circuit Upholds Finality of Arbitration by Rejecting Nondisclosure of Trivial Relationships As a Basis for Vacatur
Individual Members of Group Health Plan Are Entitled to Arbitration Disclosures Required by California Law
California Courts Are Split on Whether Opt-Out Provision with Delayed Consequences Ensures Enforceability of Class Action Waiver
California Law Governing Attorney-Client Fee Disputes Preempts Binding Arbitration Under State Law, but May Not Under FAA
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California Courts Lack Authority to Order Mediation in Some Cases
Workers' Compensation Claim Falls Within Employee's Arbitration Agreement
Oklahoma Supreme Court Diverges from Majority Rule in Holding That the FAA Did Not Apply to a Nursing Home's Arbitration Agreement
Court Cannot Proceed to Trial While Question of Arbitrability Is Under Appeal
Texas Supreme Court Allows Nonsignatories to Claim Benefits of Arbitration
Arbitrator Can Exceed Powers by Committing an Error of Law
Under California Law, Direct Expression of Binding Intent Is Necessary to Exempt Settlement Agreement from Mediation Confidentiality
Mediated Settlement Terms Gave Party Enforceable Seven-Day Right of Revocation
Fifth Circuit Reaffirms Pro-Arbitration Federal Policy and Upholds "Expansive" Arbitration Agreement
Georgia Supreme Court Holds That Prior Arbitration Award Has Res Judicata Effect
Arbitration Moves Forward Even Though Claimant Invoked Right Against Self-Incrimination
Inclusion of Person's Name on Contract Did Not Alone Prove Assent to Arbitration Agreement
Ninth Circuit Splinters on Proper Application of Buckeye
Louisiana Court Rejects Manifest Disregard of the Law as a Basis for Challenging Arbitration Awards
Court Enforces Arbitration Agreement Absent Specific Evidence That Arbitration Costs Are Excessive and Deter Individual Claims
Frivolous Challenge to Arbitration Award Triggers Sanctions
No Amore for Italian Film Distributor Who Waived the Protections of a California Statute Governing International Arbitration
Despite Conflicting Procedures, Separate Arbitration Provisions Still Show Intent to Arbitrate
Federal Court Upholds Credit Card Arbitration Agreement Formed by Change of Terms and Subsequent Use
Courts Will Not Consider Allegations of Arbitrator Bias Until Award Is Issued
Court Upholds Arbitration Award Finding Employer Liable for Discrimination
Confidentiality Protections Apply to Hybrid Procedure Consisting of Arbitration and Mediation
California Federal Court Stays Litigation While Ninth Circuit Decides Issue of Arbitral Class Waiver
Lack of Evidence Is Fatal to Motion to Vacate an Arbitration Award
Arbitrator Exceeds His Powers by Committing Legal Error
California Court Errs by Holding Hearing After, Not Before, Motion to Compel Arbitration
Nonsignatory Must Arbitrate if Receiving Direct Benefits From the Underlying Contract
Indiana Court Refuses to Follow FTC's "Unreasonable" Position on Arbitration of Warranty Claims
FAA Preempts Nebraska Law Requiring Conspicuous Notice of Arbitration Clause
Court Upholds Arbitration Agreement Formed by "Clicking" Acceptance
California Federal Court Upholds Arbitration Agreement Containing Class Action Waiver
Broad Arbitration Clause Covering Future Timber Disputes Remains in Force Years After Harvest
Individual Investor Recoups Losses at Arbitration
Florida Supreme Court Affirms Arbitrator's Authority to Decide Timeliness Defenses
Michigan Court Applies Rational Basis Test to Arbitrators' Award
Arbitrators Have Full Authority to Grant Summary Judgment
Thoroughbred Arbitration Award Has Racehorse Owner Out of Joint
Arbitration Agreement Does Not Support Exercise of Personal Jurisdiction for a Lawsuit By a Nonsignatory
Arbitration Agreements in Loan Documents Need to Exhibit Mutual Obligations to Arbitrate Claims
Employee Prevails in Attempt to Submit Employment Dispute to Arbitration
Court Strongly Endorses Use of Arbitration for Sarbanes-Oxley Employment Claims
Tenth Circuit Holds That Continued Employment Constitutes Assent to Arbitration Agreement
Illinois Supreme Court Supports Class Arbitration Waivers Where Consumers Can Opt Out or Have Affordable Arbitral Remedy
Claims Related to Embezzlement at Law Firm Arbitrable Even With Questionable Litigation Carve Out
California's Mediation Confidentiality Rule Does Not Bar Evidence of Oral Settlement Agreement Reached at Mediation
Arbitration of Fee Dispute and Res Judicata Bar Subsequent Malpractice Lawsuit by E Street Ex
Confidentiality Agreement Protects Statement Made at Mediation
Arbitration Agreement Survives Buyer's Attempt to Undo the Sales Transaction and Covers Non-Signatory Collection Agency
Arbitration Award Bars Subsequent RICO Action Under Doctrine of Res Judicata
First Circuit: There Is No Manifest Disregard Unless the Arbitrator Expressly Disregards the Applicable Substantive Law
Court May Modify Execution of Terms, but not Substance, of Foreign Arbitration Award
Arbitrator Exceeded Authority by Awarding More Than Amount Requested
Fifth Circuit Holds That Arbitration Clause in Insurance Policy Applies Only to Disputes Involving the Insurer, and Not Between Insureds
Tennessee Court Follows "Vast Majority of State and Federal Courts" by Upholding Waiver of Class-Wide Proceedings
Federal Court Says National Arbitration Forum's Arbitral Procedures Ensure the Selection of a Neutral Arbitrator
Arbitrators With Specific Authority Can Issue Supplemental Awards, Says NJ Court
Tenth Circuit: Federal Courts Have Authority to Order Arbitration Outside Their District
Party Does Not Waive Right to Arbitrate by Filing Lawsuit Unless There is Prejudice to the Opposing Party
In California, Parties Can Contract for Judicial Review of Arbitrator's Misapplication of the Law By Using "Magic Words"
Parties' Submissions Expand Arbitrator's Authority
Alabama Supreme Court Says Arbitration Rules Must Provide For Award of Punitive Damages
Arbitration Provides Consumers a Full Range of Legal Remedies
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