The use of arbitration agreements by employers as an alternative to litigation has inflamed the passions of many in the legal community for the past decade. While some champion the use of arbitration as a relatively inexpensive and efficient alternative to litigation, others view the use of arbitration agreements as a tool of corporate exploitation. This Note examines a recent a growing debate within the world of arbitration that is controversial and has important policy implications. Specifically, the debate centers around what a court should do with an illegal clause within a binding arbitration agreement: sever it from the agreement or void the agreement in its entirety?
Hadi S. Al-Shathir,
Perils of Temptation: Has the Eighth Circuit Given Employers an Incentive to Exploit Employees, The,
67 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol67/iss3/4