Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”
SCOTUSBlog
MARCH 24, 2022
It further argues “default” occurs only when a party “violates a clear legal rule or causes prejudice” to the other party – a definition that Justice Elena Kagan suggested was “a bit made up.”. Much of the discussion during oral argument concerned whether and when to apply state contract law to questions arising under the FAA.
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