(DOWNLOAD) "Pre-Injury Agreements to Arbitrate Health Care Disputes: Legally "Shocking" Or Legally Sensible?" by Ethical and Regulatory Issues Journal of Legal " Book PDF Kindle ePub Free
eBook details
- Title: Pre-Injury Agreements to Arbitrate Health Care Disputes: Legally "Shocking" Or Legally Sensible?
- Author : Ethical and Regulatory Issues Journal of Legal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 314 KB
Description
INTRODUCTION Strong public policy, both at the federal and state level, favors private contracting and the ability to agree to arbitration as a means to resolve legal disputes. Under the Federal Arbitration Act (FAA), contracts involving interstate commerce must be treated as favorably and enforced to the same extent as any other contract by declaring that written provisions for arbitration are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (1) For the first fifty years, courts were generally reluctant to enforce the FAA and found avenues to deny enforcement. Beginning in the 1980s, with crowded documents and public frustration of the trial process, the U.S. Supreme Court began to favor arbitration and broadly interpret the requirements of the FAA in a variety of commercial and consumer settings. (2) Arbitration clauses now routinely appear in pre-printed agreements ranging from credit card agreements, cell phone bills, home mortgages, to employee handbooks.