Are Electronic Arbitration Agreements Enforceable?

Law360, New York (June 1, 2012, 12:59 PM EDT) -- Enforceable arbitration agreements can be an effective tool in limiting liability exposure for health care providers, not only as to patient lawsuits, but also with employee and vendor actions. As more and more contracts are executed electronically, however, the question arises whether electronically executed arbitration agreements can be enforced.

The “Written Provision” Requirement of the Federal Arbitration Act

The Federal Arbitration Act (FAA)[1] generally requires the enforcement of “written” arbitration agreements contained in contracts involving interstate commerce. More specifically, it requires a “written provision” addressing arbitration...
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