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Interstate gilmer arbitration agreement binding yes

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Unformatted text preview: forcement of arbitration agreements enforcement of Federal Arbitration Act Gilmer v. Interstate Gilmer Arbitration agreement binding? Yes, policy considerations favoring Yes, arbitration override P’s concerns arbitration P could not show that Congress intended to could not 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 Allied-Bruce Is D correct (Federal law favoring arbitration Is trumps State law invalidating arbitration)? trumps – Yes, the Federal Arbitration Act Yes, overrides Alabama law (Supremacy overrides Clause) Buckeye v. Cardegna Buckeye Should D’s motion to dismiss be granted? - Yes, arbitration provision is Yes, severable from rest of agreement severable (provision is enforceable even if rest of agreement is not) - Arbitrator can initially consider Arbitrator issue of contract’s validity Mediation Mediation Mediator (facilitator) No Hearing No Award No Texas ADR Procedures Act Texas It is the policy of the State of Texas to It “encourage the peaceable resolution of disputes…” disputes…” – www.tmtr.org/Generalinfo/Statute.htm...
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