Supreme Court Reaffirms State Courts Must Enforce Arbitration Provisions

 

The United States Supreme Court's protective attitude toward arbitration agreements continued with this week's decision in Kindred Nursing Centers Limited Partnership v. Clark. By a 7-1 margin, the court firmly rejected a Kentucky decision that adopted a clear-statement rule under which a general power of attorney, valid to authorize the execution of contracts generally, would not validly authorize execution of an arbitration agreement unless the power of attorney explicitly addressed that topic.

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