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Federal Arbitration Act (view source)

Revision as of 01:34, April 28, 2017

750 bytes added ,  01:34, April 28, 2017
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Two Supreme Court rulings in 2011 and 2013 strengthened the enforceability of arbitration provisions.<ref>https://thinkprogress.org/wall-street-has-rigged-the-system-against-consumers-these-lawmakers-want-to-fight-back-d2ac90422200</ref>
 
Two Supreme Court rulings in 2011 and 2013 strengthened the enforceability of arbitration provisions.<ref>https://thinkprogress.org/wall-street-has-rigged-the-system-against-consumers-these-lawmakers-want-to-fight-back-d2ac90422200</ref>
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In ''AT&T Mobility LLC v. Concepcion'' (2011), Justice [[Antonin Scalia]] wrote a 5-4 decision for the Supreme Court hold that Section 2<ref>“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</ref> of the Federal Arbitration Act (FAA) prohibits States from conditioning the enforceability of certain arbitration agreements on the availability of classwide arbitration procedures.
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In ''DIRECTV, Inc. v. Imburgia'' (2015), Justice Breyer of the Supreme Court went further and held that Section 2 preempts a state-law interpretation of arbitration when the state law “does not rest ‘upon such grounds as exist ... for the revocation of any contract.'"
    
Moreover, state courts are even using the Federal Arbitration Act as a basis for refusing to apply any judicial review to an arbitration award, even when an arbitration agreement or arbitration award violates public policy or is unethical.
 
Moreover, state courts are even using the Federal Arbitration Act as a basis for refusing to apply any judicial review to an arbitration award, even when an arbitration agreement or arbitration award violates public policy or is unethical.
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