PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........FAA Preemption
5 Cards On This Topic:

CA's Discover Bank rule is preempted by the FAA, which prohibits States from conditioning the enforceability of arbitration agreements on availability of classwide arbitration procedures.

As under Concepcion, FAA preempted trial court's invalidation of class waiver for unconscionability, the agreement's poison pill provision was inoperable and Court of Appeal erred under state law in finding the agreement unconscionable.

FAA preempts state-law rule categorically prohibiting waiver of a Berman hearing in a predispute arbitration agreement imposed on an employee as a condition of employment.

The FAA does not preempt application of the CAA to arbitration agreement where parties agreed to be governed by CA law, but does preempt when they have not so agreed.

CA law preempted by FAA, making valid and enforceable an arbitration provision evidencing transaction involving commerce; Ds met burden of demonstrating house transaction substantially affected interstate commerce.