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THIS CASEBOOK contains a selection of 228 U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Federal Arbitration Act. The selection of decisions spans from 2004 to the date of publication.The "principal purpose" of the Federal Arbitration Act (FAA), 9 U.S.C. 9-14, is to "ensur[e] that private arbitration agreements are enforced according to their terms." ATT Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1748 (2011) (quoting Volt Info. Scis. v. Bd. of Trs. of Leland Stanford Jr. Univ., 489 U.S. 468, 478 (1989)) (holding that FAA preempted California judicial rule that deemed unconscionable all class-arbitration waivers in consumer contracts because the rule was an obstacle to FAA's purposes). The FAA thus reflects "a liberal federal policy favoring arbitration," id. at 1745 (quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983)), and such agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract," 9 U.S.C. 2. Torres v. Simpatico, Inc., (8th Cir. 2015).The FAA, 9 U.S.C. 1 et seq., mandates that agreements to arbitrate be enforced unless "overridden by a contrary congressional command." Shearson/Am. Exp., Inc. v. McMahon, 482 U.S. 220, 226 (1987). There is a "liberal federal policy favoring arbitration agreements," such that "any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration." Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24-25 (1983). A party seeking to avoid arbitration thus bears the burden of demonstrating a contrary congressional command using a statute's text, its legislative history, or identifying an "inherent conflict between arbitration and the statute's underlying purposes." Shearson, 482 U.S. at 227. Wiand v. Schneiderman, (11th Cir. 2015).Because "arbitration is a matter of contract," whether an arbitration provision is valid is a matter of state contract law, and an arbitration provision may be "invalidated by 'generally applicable contract defenses, such as fraud, duress, or unconscionability,' but not by defenses that apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue." If a valid and enforceable arbitration agreement exists under state-law contract principles, any dispute that falls within the scope of that agreement must be submitted to arbitration. We ask only whether the arbitration agreement is valid and whether the dispute falls within the terms of that agreement. (Citations omitted.) Torres v. Simpatico, Inc., ibid.. . . The Yale Law Journal - Forum Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA) Missing from that debate however is a Class-Action News - Workplace Fairness Class-Action news litigations and collective actions Court cases news stories firms and websites are featured Liste des arbitres (liste gnrale) - Tribunal Arbitral du Mr Saleh Al Obeidli (1980) Arbitrator (United Arab Emirates) Eng/Ar Dubai / United Arab Emirates Managing Partner of "Saleh Alobeidli Advocates & Legal Common Draft A Contracts Deskbook Of course you shouldn't rely on the Common Draft materials as a substitute for legal advice about your specific needs You acknowledge that your use of the Common Canadas Foreign Anti-Bribery Law The Litigator Canadas foreign anti-bribery law the Corruption of Foreign Public Officials Act (CFPOA) makes it a serious criminal offence for Canadians and Canadian Attorneys - Freedman + Taitelman LLP - ftllpcom Michael A Taitelman Michael A Taitelman is a general business litigator with an emphasis on real estate and employment Michael has extensive experience handling NYSBA Family Healthcare Decisions Act Resource Center New York's Family Health Care Decisions Act (FHCDA)[1] establishes the authority of a patient's family member or close friend to make health care decisions for the articles - ICCA Arbitration 2014 Books Bartos David and Hew Dundas Dundas and Bartos on the Arbitration (Scotland) Act 2010 (2nd edition) W Green (2014) Philippe Brtsch and Dorothee Arbitration The California Blog of Appeal A contract contains an arbitration provision Plaintiff sues you on the contract even though you are not a party on the ground that you are an alter ego of the ADA Legal Consulting ADA Compliance William Goren William D Goren provides consultation legal research and writing and counsels on cases involving compliance with the Americans with Disabilities Act (ADA) and
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