In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostility towards arbitration agreements, providing a mechanism for the enforcement of such agreements. The Supreme Court’s treatment and application of the FAA has evolved over time, and in recent decades the FAA has been massively extended to cover not only arm’s-length commercial transactions, but consumer and employment contracts as well. The Supreme Court, its previous hostile stance long forgotten, has created a policy of favoring arbitration and striking down many an argument that may interfere with that policy. In particular, the Court solidified its position in AT&T Mobility LLC v. Concepcion that class arbitration waivers may not be found s...
This Article takes a new approach to resolving the growing tension between the Federal Arbitration A...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national pol...
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostilit...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
The recent judicial enforcement of class waivers in arbitration agreements has generated ample debat...
Class actions and arbitrations have existed since the United States’ inception. Since the mid-twenti...
none1noIn the case AT&T Mobility v. Conception, U.S. Supreme Court held that California state contra...
Arbitration clauses in contracts require consumers to waive their rights to bring litigation in cour...
In the 2011 case, in AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that the Federal A...
In recent decades, the U.S. Supreme Court’s Federal Arbitration Act jurisprudence has greatly expand...
Despite talk of a “federalism revival,” state law is quietly losing ground in the U.S. Supreme Court...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
Bridge Fund Capital Corp. v. FastBucks Franchise Corp. illustrates a recent manifestation of an ongo...
This Article takes a new approach to resolving the growing tension between the Federal Arbitration A...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national pol...
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostilit...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
The recent judicial enforcement of class waivers in arbitration agreements has generated ample debat...
Class actions and arbitrations have existed since the United States’ inception. Since the mid-twenti...
none1noIn the case AT&T Mobility v. Conception, U.S. Supreme Court held that California state contra...
Arbitration clauses in contracts require consumers to waive their rights to bring litigation in cour...
In the 2011 case, in AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that the Federal A...
In recent decades, the U.S. Supreme Court’s Federal Arbitration Act jurisprudence has greatly expand...
Despite talk of a “federalism revival,” state law is quietly losing ground in the U.S. Supreme Court...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
Bridge Fund Capital Corp. v. FastBucks Franchise Corp. illustrates a recent manifestation of an ongo...
This Article takes a new approach to resolving the growing tension between the Federal Arbitration A...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national pol...