« Cost-shifting clause is severed | Main | Anti-class-action clause was unconscionable »
No agreement for enhanced judicial review
October 20, 2005 by Ross Runkel at LawMemo
Circuit courts are split on the issue of whether parties to an arbitration agreement can agree on a broader form of judicial review than what the Federal Arbitration Act (FAA) provides.
The 1st Circuit has now announced that it is in the "yes they can" camp. Puerto Rico Telephone v. U.S. Phone Manufacturing (1st Cir 10/14/2005.
However, such an agreement must be clearly made.
When the parties simply agree to use the law of a particular state (and that state's law allows an enlarged form of review), that's not enough. It's not clear enough.
|
|
« Cost-shifting clause is severed | Main | Anti-class-action clause was unconscionable »
|
Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
|
