What is the current state of the law on enforceable arbitration agreements?

California, United States of America


The following excerpt is from Dryer v. Los Angeles Rams, 220 Cal.Rptr. 807, 40 Cal.3d 406, 709 P.2d 826 (Cal. 1985):

No one disputes that as a general proposition arbitration agreements must be enforced according to their terms. (Maj. opn., ante, at pp. 810-811 of 220 Cal.Rptr., pp. 829-830 of 709 P.2d.) Yet, federal courts have recognized that at times the machinery cannot operate fairly and, thus, cannot be enforced. " '[B]ecause these contractual remedies have been devised and are often controlled by the union and the employer, they may well prove unsatisfactory or unworkable for the individual grievant. The problem then is to determine under what circumstances the individual employee may obtain judicial review of his breach-of-contract claim despite his failure to secure relief through the contractual remedial procedures.' [Citations.]" (Vaca v. Sipes (1967) 386 U.S. 171, 185, 87 S.Ct. 903, 914, 17 L.Ed.2d 842, quoted in Glover

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