Arbitration Clauses in Contracts of Adhesion Trap Sophisticated Parties Too

Part II of this Article will provide a survey of the FAA, the cases that have enforced it since its passage in 1925, and the distinctions made by the drafters and the courts. Part III addresses a number of the common themes and limitations raised by cases applying the FAA, including the ability to protect statutory rights, the right to contract and have courts enforce contractual obligations, the need to protect consumers subject to mandatory arbitration clauses, and the need for finality in arbitration. Part IV reviews recent legislative and Supreme Court decisions considering issues regarding sophisticated and unsophisticated parties in arbitration. Part V offers approaches to arbitration suggested by these recent decisions and the need to ensure that arbitration remains a viable alternative to litigation but not a tool for avoiding liability or precedent