JAMS Dispute Resolution Alert - Vol. 10, No. 1 • Summer/Fall 2010


In this Issue: ADR News & Case Updates; In Depth; ADR Conversations; International Focus; Good Works; Worth Reading.

ADR News

Supreme Court Agrees to Review FAA Preemption of State Arbitration Laws

Under the law of some states, including California, arbitration agreements that require arbitration on an individual basis (and bar class actions) are unenforceable in consumer contracts. In those states, the arbitration agreement cannot be enforced even when an individual claimant brings the arbitration and may vindicate rights on an individual basis. The U.S. Supreme Court has agreed to decide whether the Federal Arbitration Act preempts state laws that condition enforcement of arbitration agreements on the availability of procedures when the procedure is not necessary for the parties to pursue their claims.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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