Inetianbor and Green: How Two Payday Loan Disputes Illustrate the Integrality Rule’s Incompatibility with the FAA

Authors

Cameron C. Lincoln

Abstract

The integrality rule is a rule grounded in the analysis of party intent and allows for an arbitration agreement to be vitiated if the selected forum is unavailable and the forum was integral to the agreement. The integrality rule, conceived in 1990, has a short history, and while it is followed by several federal appellate circuits, it is not consistently named or referenced. The Eleventh Circuit applied the rule in Inetianbor v. CashCall, Inc., where the court precluded arbitration due to the integrality rule. This case raises questions of whether the integrality rule contradicts the Federal Arbitration Act (FAA), whether it overrides the parties’ decision to arbitrate their disputes, and whether it runs counter to the Supreme Court’s insistence that courts should not add obstructions to arbitration beyond the FAA.

Recommended Citation

Cameron C. Lincoln, Inetianbor and Green: How Two Payday Loan Disputes Illustrate the Integrality Rule’s Incompatibility with the FAA, 2015 J. Disp. Resol. (2015)
Available at: https://scholarship.law.missouri.edu/jdr/vol2015/iss2/11