Ten Years (or so) after Gilmer: Arbitration of Employment Law Claims Under the Federal Arbitration Act and the Role of Rhode Island Law

22 Pages Posted: 31 Oct 2005 Last revised: 15 Sep 2015

See all articles by Michael J. Yelnosky

Michael J. Yelnosky

Roger Williams University School of Law

Abstract

Using Rhode Island law as an example, this paper explores the interaction of 1) the Federal Arbitration Act and its presumption in favor of enforcement of arbitration agreements, 2) inconsistent state law that is specific to arbitration agreements, which the FAA preempts, and 3) generally applicable state law that might render certain arbitration agreements unenforceable, which is specifically saved from preemption by the Supreme Court's interpretation of the FAA.

Keywords: arbitration, employment, preemption, Federal Arbitration Act

Suggested Citation

Yelnosky, Michael J., Ten Years (or so) after Gilmer: Arbitration of Employment Law Claims Under the Federal Arbitration Act and the Role of Rhode Island Law. Roger Williams University Law Review, Vol. 9, p. 599, 2004 (10th Anniversary Edition), Roger Williams Univ. Legal Studies Research Paper No. 01, Available at SSRN: https://ssrn.com/abstract=837484

Michael J. Yelnosky (Contact Author)

Roger Williams University School of Law ( email )

10 Metacom Avenue
Bristol, RI 02809
United States
401 254-4607 (Phone)

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