Over the past four decades, the Supreme Court has issued a long string of decisions interpreting the Federal Arbitration Act to provide extensive protection for arbitration agreements. This term, however, was more of a mixed bag. Although the court issued a number of opinions that were pro-arbitration, it also wrote two that cut against the common business practice. In Southwest Airlines v. Saxon, the court ruled that the airline could not force the supervisor of a ramp for loading cargo onto its airplanes into arbitration under the FAA because the act exempts any “class of workers engaged in foreign or interstate commerce…
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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about drafting Arbitration Clauses, especially in a digital world and faced with the complexities...By Julie Hopkins, Amy Schmitz, Rachel Goedken, Linda Michler
This article first appeared on the Financial Institutions Law Alert, here. Congressional rumblings about outlawing mandatory arbitration clauses are relatively common, but they have not been successful. Ever since a...By Joseph Calabrese