From the Boston Bar Journal: Compelling Arbitration In Massachusetts - Recent Developments

Monday, January 09, 2012

By John R. Snyder

The past few years have seen significant developments in the law governing enforcement of arbitration agreements in Massachusetts. This article reviews some particularly noteworthy decisions handed down in the past three years (through September 2011) concerning issues such as arbitrability of statutory claims, class actions and of claims brought by government actors, and “illusoriness.” One undercurrent in the Massachusetts cases is an apparent skepticism, if not hostility, toward predispute arbitration agreements, which stands in contrast to the U.S. Supreme Court’s recent pronouncements favoring and enabling arbitration agreements.

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