By Deborah Reperowitz ( December 5, 2018, 2:55 PM EST) -- There exists a split among bankruptcy courts regarding the enforceability of binding arbitration provisions.[1] In 1985, the United States Supreme Court stated that the Federal Arbitration Act "mandates" that district courts enforce signed arbitration agreements.[2] On March 9, 2018, however, the U.S. Court of Appeals for the Second Circuit cast aside this mandate and affirmed the bankruptcy court's refusal to enforce a mandatory arbitration provision contained in a credit card agreement.[3]...
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