University of Miami Law Review
Topic/Sub-heading
Arbitration in the Eleventh Circuit
Abstract
Defective arbitration and dispute resolution clauses—widely called “pathological clauses”—may undermine parties’ intent to seek recourse to arbitration rather than the courts. Questions concerning the existence and validity of arbitration clauses are subject to state contract law despite the wide sweep of the Federal Arbitration Act. This Article examines selected common “pathologies” and reviews recent court decisions, including from the Eleventh Circuit Court of Appeals and its constituent federal district courts, concerning the enforcement of such clauses.
Recommended Citation
Harout J. Samra and Ramya Ramachanderan,
A Cure for Every Ill? Remedies for “Pathological” Arbitration Clauses,
74 U. Mia. L. Rev.
1110
(2020)
Available at:
https://repository.law.miami.edu/umlr/vol74/iss4/6
Included in
Courts Commons, Dispute Resolution and Arbitration Commons, Jurisdiction Commons, State and Local Government Law Commons