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Arbitrator can decide enforceability of arbitration agreement, Supreme Court says

When disputes arise over whether an arbitration agreement can be enforced, they should be resolved by an arbitrator, not a court, the justices ruled in a 5-4 decision. “Corporations now have nearly unchecked authority to write, enforce, and judge the fairness of their own forced arbitration clauses," said AAJ Immediate Past President Anthony Tarricone.

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