A clause in an arbitration agreement that eliminates all federal court review of arbitration awards, including the statutory grounds for vacatur in the Federal Arbitration Act (FAA), was held to be unenforceable. In re Wal-Mart Wage and Hour Emp’t Practices Litig.,No. 11-17718 (9th Cir. Dec. 17, 2013). The court found that permitting parties to contractually eliminate all judicial review of arbitration awards would run counter to the text of the FAA and would frustrate Congress’ attempt to ensure a minimum level of due process for parties to an arbitration.
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