Foley & Lardner LLP Partner Christopher Ward is quoted in the Bloomberg Law article titled “Arbitration Use by Employers Up as High Court Affirms Validity,” discussing states that have enacted laws detailing the use of arbitration laws.
Ward said, “I think the more interesting thing that’s probably going on right now is how are the courts going to ultimately square these kinds of laws with the pre-emptive force of the Federal Arbitration Act. The Supreme Court has been pretty consistent about keeping that scope broad and striking down state law that would seem to interfere with the scope of the FAA.”
The notion employers will always receive a more favorable outcome using arbitration is unfounded, Ward added.
“There is a perception that arbitration is a completely employer-tilted forum, and I don’t think that perception is accurate.”