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Full-Text Articles in Law
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
Journal of Dispute Resolution
The Federal Arbitration Act ("FAA") allows for arbitration to be a medium by which parties may settle disputes more expeditiously than litigation. The FAA declares specifically that written agreements to resolve disputes through arbitration are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.,' 2
Arbitration Agreements In Labor And Employment Contracts: Well Within The Reach Of The Faa - Circuit City Stores, Inc. V. Adams, Lisa M. Eaton
Arbitration Agreements In Labor And Employment Contracts: Well Within The Reach Of The Faa - Circuit City Stores, Inc. V. Adams, Lisa M. Eaton
Journal of Dispute Resolution
Despite a series of decisions where the Supreme Court has upheld the use of arbitration in the employment context, the Court has never clearly stated that arbitration agreements contained in employment contracts fall under the Federal Arbitration Act (FAA). This omission has led to a split in the Circuits as to the scope of the FAA coverage ad exemption provisions. The controversy centers on whether the FAA covers all employment contracts except those of employees who transport people or goods in interstate commerce or whether the FAA exempts all employment contracts.