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- Title
The Entitlement to Avoid Litigation--Denied: How the Fifth Circuit's Rejuvenated Hostility Toward Arbitration Agreements Deprives Parties of Their Bargained-For Benefits.
- Authors
Pfannenstiel, Travis M.
- Abstract
The article offers information on the judicial decision of the court case Weingarten Realty Investors v. Miller in which Fifth Circuit of the U.S. Court of Appeals missed the opportunity to encourage arbitration and strengthen arbitration agreements by application of the minority rule. It informs that Fifth Circuit should have applied the majority rule supporting the automatic stay.
- Subjects
UNITED States; KIMCO Realty Corp.; UNITED States. Court of Appeals (5th Circuit); COMMERCIAL arbitration agreements; STAY of proceedings (Civil procedure); ARBITRATION &; award
- Publication
Washburn Law Journal, 2012, Vol 52, Issue 1, p177
- ISSN
0043-0420
- Publication type
Article