U.S. High Court: Courts May Not Create Procedural Rule Favoring Arbitration

Mealey's (May 23, 2022, 11:20 AM EDT) -- WASHINGTON, D.C. — Addressing only one of a variety of arbitration arguments raised in a wage-and-hour dispute between an employee and a franchisee, a unanimous Supreme Court on May 23 rejected “an arbitration-specific waiver rule demanding a show of prejudice” adopted by nine circuits and ruled that federal courts “may not make up a new procedural rule based on the FAA’s [Federal Arbitration Act] ‘policy favoring arbitration.’”...

U.S. High Court: Courts May Not Create Procedural Rule Favoring Arbitration

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