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- Title
9th Circuit to Rehear Arbitrability Case.
- Abstract
The article focuses on the pro-arbitration decision by the 9th Circuit in Connie A. Nagrampa v. MailCoups Inc., which held that arbitrators are to determine whether an arbitration agreement is unconscionable because it is an adhesion contract--a claim that challenges the contract as a whole. On June 28, 2005, the Circuit said the full panel will review the Nagrampa decision, which was based on Prima Paint v. Flood & Conklin Manufacturing, the ruling that created the dichotomy between claims of fraudulent inducement of a contract and claims of fraudulent inducement of an arbitration agreement. According to Internet news provider ADRWorld.com, the Trial Lawyers for Public Justice sought review of the Nagrampa ruling, arguing that it was contrary to six previous rulings of the Court.
- Subjects
UNITED States; ARBITRATION &; award; ACTIONS &; defenses (Law); MAILCOUPS Inc.; STANDARDIZED terms of contract; ARBITRATORS; CIRCUIT courts
- Publication
Dispute Resolution Journal, 2005, Vol 60, Issue 3, p4
- ISSN
1074-8105
- Publication type
Article