Alternative Dispute Resolution. Letter Essay Example

the strong federal policy favoring arbitration.Finally the plaintiff’s argue the enforcement of the agreement will contravene New York’s Franchise Law because the agreement calls for arbitration in Ohio and application of Ohio law.

This was also rejected by the court that considerations of state law or policy could defeat the effect of an arbitration clause in a contract involving interstate commerce. The court noted: “an agreement to arbitrate in New York does not pose unconscionable difficulties”. The federal policy in favor of arbitration overrides any state policy proscribing arbitration of state law claims. Kuchinsky v. Curry, U. S.Dist. (S.D. N. Y. 2009), This case deals with an agreement which contains a broad arbitration clause that encompasses each of thelaims asserted in the amended complaint.

It provides upon written request of any party to the agreement controversy or claim arising to or relating to the construction or terms is subject to arbitration. Kuchinsky resists arbitration with three arguments. He contends the agreement is unconscionable and therefore enforceable, he also attacks the fairness of the arbitration clause which requires him to arbitrate his claims in Chicago, although he lives in New York.And finally, he argues that Curry has waived his right to enforce the arbitration clause by choosing to sue Kuchinsky in an Illinois state court.

The court granted arbitration to Curry. Even though, it will make Kuchinsky travel outside his state it was still enforced by New York Courts. By the New York Court granting to compel arbitration in both of the above cases tells me the courts are highly compelled to use ADR methods. Each of these cases embarks on your concern for the desirability of using ADR

methods to settle disputes.

Both cases had a valid arbitration clause according to 9 U. S. C. S. 2. § 2. Validity, irrevocability, and enforcement of agreements to arbitrate A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

Directly quoted; The FAA was designed to “ensure judicial enforcement of privately made agreements to arbitrate”. The FAA represents “a strong federal policy favoring arbitration as an alternative means of dispute resolution”. Therefore, “under the FAA, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration”. Based on my research, and the New York courts positive attitude in using arbitration I would encourage you to pursue the ADR methods to settle disputes. Sincerely, Dani Prefontaine