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Unconscionability Found: A Look At Pre-Dispute Mandatory Arbitration Agreements 10 Years After Doctor's Associates, Inc. V. Casarotto, Sandra F. Gavin
Unconscionability Found: A Look At Pre-Dispute Mandatory Arbitration Agreements 10 Years After Doctor's Associates, Inc. V. Casarotto, Sandra F. Gavin
Cleveland State Law Review
This Article first explores the Supreme Court's initially reluctant application of the FAA's contract approach to enforceability of arbitration agreements which lasted well into the early 1980s. It then examines federal preemption of state law and the evolution of the arbitration contract as we know it today. Finally, it looks at the application of defenses that exist “at law or in equity for the revocation of any contract” as applied over the past ten years following the Court's decision in Doctor's Associates, Inc. v. Casarotto. This author examines a decade of decisional law and finds a new doctrine of arbitration …