Sentences with phrase «invalidating arbitration agreement»

2013) 718 F. 3d 1052 (the mere risk that plaintiff will face prohibitive costs is too speculative to justify invalidating arbitration agreement), on the ground that the fee provision was not speculative and there were other unconscionable terms.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

Thus, if there is duress, undue influence or mistake which invalidates the arbitration agreement there will be no waiver of relevant rights under Art 6.

Not exact matches

With respect to class action waivers in arbitration clauses, recall that in 2010 the South Carolina Supreme Court invalidated a provision in an arbitration agreement requiring purchasers to waive their right to participate in a «class action or multi-plaintiff or claimant action in court or through arbitration.»

Because the Kentucky Supreme Court invalidated the Clark - Kindred arbitration agreement in this nursing home matter, based exclusively on the clear - statement rule, the court must now enforce that agreement.

The dissent then sided with the Second, Fifth, and Eighth Circuits» conclusions that «the NLRA does not invalidate collective action waivers in arbitration agreements,» asserting that such decisions were consistent with Supreme Court precedent.

In addition, the court also denied plaintiffs» motion to invalidate mandatory arbitration and class action waiver clauses contained in independent contractor agreements executed by class members.