That the Federal Arbitration Act (FAA), state arbitration statutes and courts generally favor arbitration provisions in contracts is well-recognized. But what if the contract containing the arbitration agreement appears on its face to be invalid, unenforceable and against public policy under state law? Will the arbitration provision similarly be deemed unenforceable? Or will the arbitration provisions, nonetheless, remain valid and enforceable, resulting in the arbitration of the dispute?

This issue was considered by the Court of Appeals of Georgia in Juhn v. Imagine Castle, 358 Ga. App 627 (2021).

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