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Expert Analysis

6th Circ. Sheds Light On Mandatory Arbitration

By Daniel Winston and John Calhoun ( March 8, 2018, 3:28 PM EST) -- In its famous 2011 decision in AT&T Mobility v. Concepcion, the Supreme Court noted that the Federal Arbitration Act (FAA) contains a presumption in favor of arbitration whenever a contract includes an arbitration clause. This holding has raised important questions. Does the presumption require arbitration whenever the relevant arbitration clause itself is vague or ambiguous? In such cases, does the presumption in favor of arbitration automatically apply?...

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