National Institute for Workers' Rights

Advancing workers’ rights through research, thought leadership, and education for policymakers, advocates, and the public.

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Savings Clause

In assessing the enforceability of an arbitration provision in a contract allegedly obtained through fraud, the Court promulgates the “severability doctrine,” changing the standard for assessing the enforceability of all arbitration clauses.

June 24, 2019

By NIWR

Prima Paint Corp. v. Flood Conklin Mfg. Co., 388 U.S. 395 (1967) Relevant Facts: Two companies entered into a contract. One sued the other for breach of contract and […]

The Court rules that where a party alleges both a contract and its arbitration clause were obtained by fraud, the question of the arbitration clause’s enforceability is for a court to decide.

June 24, 2019

By NIWR

Moseley v. Electronic & Missile Facilities., 374 U.S. 167 (1963) Relevant Facts: A plumbing and heating contractor subcontracted with a primary contractor under a contract with the U.S. Department […]

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Savings Clause

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