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Unformatted text preview: forcement of arbitration agreements
Federal Arbitration Act Gilmer v. Interstate
Arbitration agreement binding?
Yes, policy considerations favoring
override P’s concerns
P could not show that Congress intended to
preclude arbitration of ADEA claims
P still free to file claim with EEOC
Parties are free to waive rights by
agreement Allied-Bruce v. Dobson
Is D correct (Federal law favoring arbitration
trumps State law invalidating arbitration)?
– Yes, the Federal Arbitration Act
overrides Alabama law (Supremacy
Clause) Buckeye v. Cardegna
Should D’s motion to dismiss be granted?
- Yes, arbitration provision is
from rest of agreement
enforceable even if rest of
- Arbitrator can initially consider
of contract’s validity Mediation
No Texas ADR Procedures Act
It is the policy of the State of Texas to
“encourage the peaceable resolution of
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This note was uploaded on 08/16/2013 for the course LEB 323 taught by Professor Baker during the Spring '08 term at University of Texas.
- Spring '08