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Green Tree Financial Corp.-Ala. v. Randolph : ウィキペディア英語版 | Green Tree Financial Corp.-Ala. v. Randolph
''Green Tree Financial Corp-Ala. v. Randolph'', , is a decision by the United States Supreme Court. The case dealt with the enforceability of arbitration agreements that did not discuss the cost of the arbitration itself and with the finality of certain arbitration decisions. ==Background== Larketta Randolph purchased a mobile home from Better Cents Home Builders, Inc., in Opelika, Alabama. This was financed through Green Tree Financial Corporation and its subsidiary, Green Tree Financial Corp.-Alabama. Randolph's Manufactured Home Retail Installment Contract and Security Agreement required that Randolph buy a specific type of insurance and that disputes about this provision would have to be settled by arbitration.〔(531 U.S. 79 ) at 83〕 Randolph sued and sought a formal trial and not arbitration. However, Green Tree Financial Corporation asked the District Court to ''compel'' arbitration.〔(531 U.S. 79 ) at 84〕 The District Court granted that motion to compel arbitration and Randolph appealed to the Eleventh Circuit Court of Appeals. The Court of Appeals for the Eleventh Circuit made two rulings. Firstly, it held that under the Federal Arbitration Act, the decision of the District Court was a "final decision", thus giving the appellate court jurisdiction. Secondly it held that the arbitration agreement was unenforceable because it was silent with respect to the payment of filing fees, arbitrators' costs and other arbitration-related expenses. Because the agreement would therefore force Randolph to pay the "steep" arbitration costs,〔(531 U.S. 79 ) at 84-85〕 and thus was unfair and invalid. It was this point on which the Supreme Court split when they heard the appeal in 2000.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Green Tree Financial Corp.-Ala. v. Randolph」の詳細全文を読む
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