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Alternative Dispute Resolution

Mar. 25, 2006

High Court Reaffirms Separate Enforceability of Arbitration Pacts

Focus Column - By Peter E. Perkowski and Stephen R. Smerek - The U.S. Supreme Court recently reaffirmed that arbitration clauses in contracts governed by the Federal Arbitration Act are severable and separately enforceable even if the contract as a whole is void or unenforceable. Buckeye Check Cashing v. Cardegna , 2006 DJDAR 2008 (Feb. 21, 2006). Applying this rule of severability, the court must decide any challenge to the validity of the arbitration agreement, but must refer any challenge to

Focus Column

By Peter E. Perkowski and Stephen R. Smerek
        
        The U.S. Supreme Court recently reaffirmed that arbitration clauses in contracts governed by the Federal Arbitration Act are severable and separately enforceable even if the contract as a whole is void or unenforceable. Buckeye Check Cashing v. Cardegna, 2006 DJDAR 2008 (Feb....

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