TITLE

THE EVOLUTION OF CLASS ARBITRATION WAIVERS AND THE COURTS

AUTHOR(S)
Van Waardhuizen, Lauren
PUB. DATE
July 2014
SOURCE
Drake Law Review;2014 Fourth Quarter, Vol. 62 Issue 4, p1131
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
The Federal Arbitration Act (FAA) has been governing law since 1925, yet arbitration remains a disputed issue between the state and federal courts nearly 90 years later. The latest contested issue involves provisions in arbitration agreements that waive the parties' right to multiparty arbitration, generally referred to as classwide arbitration. This conflict has culminated in recent decisions from the U.S. Supreme Court emphasizing that arbitration agreements are to be applied as written and that the FAA will preempt any state statute that conflicts with its primary goals. This Note briefly examines the history of the FAA, its preemption doctrine, and its treatment in Iowa among other states, ending with an application of Iowa state precedent and the recent U.S. Supreme Court decisions to the potential of class arbitration waiver suits in Iowa.
ACCESSION #
99552097

 

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