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Does Mann Bracken have to be Licenced to Arbritrate ??


nusteem
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So I'm not a lawyer, and lord knows I have trouble reading their gibberish, but here's a link to the "Federal Arbitration Act"...

http://www.chamber.se/arbitration/shared_files/laws/arbitract_us_cont.html

...and I can't find anything anywhere that says arbitrators must be licensed. As I read it, it basically says anybody you both agree on can arbitrate. And since the arbitration clause is written by the CC company, they get to tell you who they pick...

In doing a google search on the law, I did find that there's lots of discussion about the fairness of all this, and some state court rulings that go against arbitration...but, there's also some references to the supreme court upholding arbitration.

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I think the answer will depend on the law of the state in which the arbitration takes place. Here is a quote from a California supreme court case that recently decided this issue:

We decline Birbrower's invitation to craft an arbitration exception to section 6125's prohibition of the unlicensed practice of law in this state. Any exception for arbitration is best left to the Legislature, which has the authority to determine qualifications for admission to the State Bar and to decide what constitutes the practice of law.

Birbrower, Montalbano, Condon & Frank v. Superior Court, 17 Cal. 4th 119

You can get the entire opinion here:

http://www.lexisnexis.com/clients/CACourts/?

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I found another interesting site budhibbs.com and he specifically talks about Mann Bracken. I believe you need to send a CMRR validation letter that includes something to the effect of prove to me that I agreed to arbitration and send all the terms. They will not be able to do it!!!!!!!!!Then they are not able to proceed! Good Luck

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