Ongoing Challenges To Arbitration Clauses

Law360, New York (March 12, 2012, 1:39 PM EDT) -- In Stolt-Nielsen, Concepcion, CompuCredit and other recent decisions, the US. Supreme Court has reiterated the strong federal policy in favor of arbitration. As lower courts address the impact of these recent Supreme Court decisions, most have readily rejected objections to arbitration agreements with class action waivers.

However, challenges to the enforceability of these provisions continue. A number of courts have accepted creative arguments for striking arbitration clauses. In addition, a large number of groups are calling on the new Consumer Financial Services Protection Bureau to exercise...
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