FAA Preemption
The displacement of state law that obstructs enforcement of arbitration agreements.
State rules that single out arbitration, or that stand as an obstacle to the FAA's objectives, are preempted — including state doctrines invalidating class waivers. The current frontier asks the inverse question: if a modern clause bundles notice requirements, evidentiary preconditions, batching queues, and bespoke protocols into something quite unlike bilateral arbitration as the FAA contemplated it, does it still enjoy the statute's protection?
See also
- Federal Arbitration Act (FAA)The 1925 statute making written arbitration agreements valid, irrevocable, and enforceable.
- Claim SuppressionThe net effect of procedural requirements that deter, delay, or defeat claims regardless of merit.
- UnconscionabilityThe contract defence that voids terms that are both oppressively imposed and unreasonably one-sided.
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