De Novo a No No: Contractually Expanded Judicial Review Clauses Do Not Preclude FAA Application in State Court Unless the Parties Make It Intentionally Clear the FAA Does Not Apply in Their Agreement
By , February 8, 2012
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This article discusses the Alabama Supreme Court’s decision in Raymond James Fin. Servs., Inc. v. Honea dealing with contracted appellate review in arbitration agreements. The article contends that expanded judicial review beyond the scope of the Federal Arbitration Act should be unenforceable unless parties expressly provide in the agreement that the Act does not apply.
