(Download) "Alphonse Fletcher v. Kidder" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Alphonse Fletcher v. Kidder
- Author : Court of Appeals of New York
- Release Date : January 09, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In Matter of Wertheim & Co. v Halpert (48 N.Y.2d 681), this Court held that because of the strong public policies embodied in federal, State and local anti-discrimination laws, anticipatory agreements to arbitrate are unenforceable in the context of disputes involving claims of unlawful discrimination. The issue before us on these appeals is whether subsequent case law has rendered that holding obsolete in cases where the enforceability of the arbitration clause is governed by the Federal Arbitration Act (the "FAA") (9 USC § 1, et seq.). We hold that, in light of recent Supreme Court decisions, most notably the Courts decision in Gilmer v Interstate Johnson/Lane Corp. (500 U.S. __, 111 S Ct 1647), our 1979 decision in Wertheim should no longer be followed in cases governed by the FAA. Instead, the arbitrability of statutory discrimination claims is henceforth to be determined by reference to Congress intent with regard to alternative dispute resolution of that class of claims.
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