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FAA Preempts More State Arbitration Law

By Liz Kramer on February 5, 2014
Posted in Litigation vs. Arbitration, Validity of Arbitration Agreement

The Tenth Circuit ruled last week that arbitration case law from New Mexico is preempted by the FAA.  This decision calls into question whether states can find arbitration agreements unconscionable simply for being unilateral, i.e. one party is bound to arbitrate its claims while the other party is free to litigate in court.

In 2012,…

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ArbitrationNation was started by Liz Kramer in 2011. It has been repeatedly recognized as one of the best legal blogs in the nation.

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