Agreements to Arbitrate Should Be Enforced

Atlantic Legal Foundation filed an amicus letter with the California Supreme Court urging that court to reverse a decision denying American Express Travel Related Services motion to compel arbitration. Atlantic Legals letter noted that the Federal Arbitration Act favors enforcement of agreements to arbitrate and that waivers of the right to arbitrate are disfavored. The letter urged that the courts should not expand the defenses to an arbitration agreement beyond generally applicable contract defenses, and should not treat conduct unrelated to arbitration as a waiver of the right to arbitrate.