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Richard Raysman and Peter Brown Richard Raysman and Peter Brown

As reaffirmed by the U.S. Supreme Court in 2012, federal courts must acknowledge the supremacy of federal law that favors arbitration. See Nitro-Lift Technologies v. Howard, 568 U.S. 17 (2012). In Nitro-Lift, in building on its precedents heightening the authority of an arbitrator, the Supreme Court held that, while the validity of the arbitration provision is subject to initial court determination, the validity of the remainder of the contract is outside the purview of a court’s adjudicative power.

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