Savings Clause

The Court emphasizes that arbitration clauses should be enforced “according to their terms.”

June 25, 2019

By NIWR

Volt Inf. Sciences v. Stanford Univ., 489 U.S. 468 (1989) Relevant Facts: A construction contract between parties included an arbitration clause containing a choice-of-law provision requiring the contract to […]

The Court rules that a state labor law guaranteeing workers access to a public judicial forum to adjudicate wage theft claims is preempted by the FAA.

June 25, 2019

By NIWR

Perry v. Thomas, 482 U.S. 483 (1987) Relevant Facts: An employee who had worked for a securities broker in California sued for unpaid commissions in violation of state law. […]

To support its new position that parties can be compelled to arbitrate nearly all disputes, regardless of whether the claims are contractual or statutory in nature, the Court promulgates the “effective vindication doctrine.”

June 24, 2019

By NIWR

Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985) Relevant Facts: An auto dealership sued Mitsubishi Motors under the Sherman Act, a federal anti-trust law. Mitsubishi moved to […]

The Court holds that the FAA preempts certain state laws and rules that state courts must order arbitration under the FAA unless an exception applies.

June 24, 2019

By NIWR

Southland Corp. v. Keating, 465 U.S. 1 (1984) Relevant Facts: A group of franchisees came together as a class and sued Southland Corp., a franchisor of 7-Eleven convenience stores, […]

The Court declares that the Federal Arbitration Act created a “body of federal substantive law” such that “any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.”

June 24, 2019

By NIWR

Moses H. Cone Mem. Hosp. v. Mercury Const. Co., 460 U.S. 1 (1983) Relevant Facts: A hospital contracted with a building contractor and an architect to renovate its facilities. […]

The Court observes that the right to a particular court’s jurisdiction and other procedural protections are waivable via a valid forum-selection clause.

June 24, 2019

By NIWR

The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972) Relevant Facts: A contract between two companies contained a forum-selection clause requiring any litigation to proceed in London. Later, […]

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Savings Clause

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