Decisions of the U.S. Supreme Court have repeatedly reflected that arbitration must be accorded preferential treatment so that provisions waiving the right to litigate disputes (often involving class actions) and mandating arbitration may not be stricken lightly.
Thus, in 2011, the court held that state-law prohibitions on class action waivers in mandatory arbitration agreements are contrary to and pre-empted by the Federal Arbitration Act (FAA) and, accordingly, such waivers will not invalidate arbitration agreements unless grounds otherwise exist at law or in equity for their revocation (AT&T Mobility LLC v. Concepcion, 563 US 333 (2011)).
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