Federal Arbitration Act (FAA): Primary federal law governing arbitration agreements. Must be considered to properly draft language that explicitly waives arbitration rights and ensures the non-arbitration agreement doesn't conflict with federal provisions.
State-Specific Laws: Various state laws and regulations that govern arbitration waivers and non-arbitration agreements. Each state may have different requirements and restrictions that need to be incorporated.
Employment Laws: Including Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and state-specific employment laws that may affect the enforceability and scope of non-arbitration agreements in employment contexts.
Contract Law Principles: Fundamental contract formation requirements including consideration, offer and acceptance, and unconscionability doctrine that must be addressed in the agreement.
Court Precedents: Relevant Supreme Court, Circuit Court, and state court decisions that have shaped the interpretation and enforcement of non-arbitration agreements.
Industry Regulations: Specific industry requirements and regulatory compliance standards that may affect dispute reºìÐÓÖ±²¥ procedures and agreement terms.
Consumer Protection Laws: State and federal consumer protection statutes that may impact the enforceability and required terms of non-arbitration agreements in consumer contexts.
Enforceability Requirements: Essential elements for ensuring agreement validity, including clear language, proper notice, and mutual understanding provisions that courts will uphold.
