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When granting a motion to send a suit to arbitration, a federal judge must issue a stay -- not an order of dismissal -- if either side requests one, the 3rd U.S. Circuit Court of Appeals has ruled. In a second significant arbitration decision handed down Thursday, the 3rd Circuit held that even if several provisions of an arbitration agreement are "unconscionable," the lower court must consider enforcing it if the offensive provisions can be severed from the agreement.
May 17, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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