southland
keating
argued
october
decided
january
appellant
southland
hereafter
appellant
owner
franchisor
convenience
stores
appellees
franchisees
franchise
agreement
appellant
appellees
contains
clause
requiring
arbitration
controversy
claim
arising
relating
agreement
breach
thereof
several
appellees
filed
individual
actions
appellant
california
superior
alleging
fraud
misrepresentation
breach
contract
breach
fiduciary
duty
violation
disclosure
requirements
california
franchise
investment
law
actions
consolidated
subsequent
class
action
filed
another
appellee
making
substantially
claims
appellant
moved
compel
arbitration
claims
pursuant
contract
superior
granted
motion
claims
except
based
franchise
investment
law
pass
appellees
request
class
certification
california
appeal
reversed
trial
refusal
compel
arbitration
claims
franchise
investment
law
construing
arbitration
clause
require
arbitration
claims
holding
franchise
investment
law
invalidate
arbitration
agreements
rendered
agreements
involving
commerce
unenforceable
conflict
state
arbitration
act
provides
contract
evidencing
transaction
involving
commerce
settle
arbitration
controversy
arising
contract
transaction
shall
valid
irrevocable
enforceable
save
upon
grounds
exist
law
equity
revocation
contract
also
directed
trial
conduct
proceedings
california
reversed
ruling
claims
asserted
franchise
investment
law
arbitrable
interpreting
law
renders
void
provision
purporting
bind
franchisee
waive
compliance
provision
law
require
judicial
consideration
claims
brought
statute
holding
statute
contravene
federal
act
remanded
case
trial
consideration
appellees
request
class
certification
held
jurisdiction
decide
whether
arbitration
act
california
statute
cox
broadcasting
cohn
delay
review
state
judicial
decision
denying
enforcement
arbitration
contract
state
litigation
run
course
defeat
core
purpose
contract
hand
since
affirmatively
appear
request
class
certification
drawn
question
federal
grounds
without
jurisdiction
resolve
question
matter
federal
law
pp
section
california
statute
directly
conflicts
arbitration
act
hence
violates
supremacy
clause
pp
enacting
federal
act
congress
declared
national
policy
favoring
arbitration
withdrew
power
require
judicial
forum
resolution
claims
contracting
parties
agreed
resolve
arbitration
act
resting
congress
authority
commerce
clause
creates
body
federal
substantive
law
applicable
state
federal
courts
moses
cone
memorial
hospital
mercury
construction
confine
act
scope
arbitrations
sought
enforced
federal
courts
frustrate
congress
intended
broad
enactment
pp
congress
enacting
arbitration
act
intended
create
procedural
rule
applicable
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courts
limited
act
contracts
involving
commerce
section
involving
commerce
requirement
viewed
inexplicable
limitation
power
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courts
necessary
qualification
statute
intended
apply
state
well
federal
courts
pp
california
interpretation
encourage
reward
forum
shopping
attribute
congress
intent
create
right
enforce
arbitration
contract
yet
make
right
dependent
particular
forum
asserted
since
overwhelming
proportion
civil
litigation
country
state
courts
congress
intended
limit
arbitration
act
disputes
subject
jurisdiction
creating
substantive
rule
applicable
state
well
federal
courts
congress
intended
foreclose
state
legislative
attempts
undercut
enforceability
arbitration
agreements
pp
burger
delivered
opinion
brennan
white
marshall
blackmun
powell
joined
stevens
filed
opinion
concurring
part
dissenting
part
post
filed
dissenting
opinion
rehnquist
joined
post
mark
spooner
argued
case
appellants
briefs
peter
bleakley
martin
kresse
john
wells
argued
cause
appellees
brief
lise
pearlman
fonda
karelitz
brief
amici
curiae
filed
simon
trevas
securities
division
state
washington
et
al
chief
justice
burger
delivered
opinion
case
presents
questions
whether
california
franchise
investment
law
invalidates
certain
arbitration
agreements
covered
federal
arbitration
act
violates
supremacy
clause
whether
arbitration
federal
act
impaired
structure
imposed
process
state
courts
appellant
southland
owner
franchisor
convenience
stores
southland
standard
franchise
agreement
provides
franchisee
license
use
certain
registered
trademarks
lease
sublease
convenience
store
owned
leased
southland
inventory
financing
assistance
advertising
merchandising
franchisees
operate
stores
supply
bookkeeping
data
pay
southland
fixed
percentage
gross
profits
franchise
agreement
also
contains
following
provision
requiring
arbitration
controversy
claim
arising
relating
agreement
breach
hereof
shall
settled
arbitration
accordance
rules
american
arbitration
association
judgment
upon
award
rendered
arbitrator
may
entered
jurisdiction
thereof
may
appellee
keating
filed
class
action
southland
behalf
class
assertedly
includes
approximately
california
franchisees
keating
principal
claims
substantially
asserted
franchisees
various
actions
consolidated
southland
petitioned
compel
arbitration
claims
cases
appellees
moved
class
certification
superior
granted
southland
motion
compel
arbitration
claims
except
claims
based
franchise
investment
law
pass
appellees
request
class
certification
southland
appealed
order
insofar
excluded
arbitration
claims
based
california
statute
appellees
filed
petition
writ
mandamus
prohibition
california
appeal
arguing
arbitration
proceed
class
action
california
appeal
reversed
trial
refusal
compel
arbitration
appellees
claims
franchise
investment
law
keating
superior
alameda
county
cal
rptr
interpreted
arbitration
clause
require
arbitration
claims
asserted
franchise
investment
law
construed
franchise
investment
law
invalidate
agreements
arbitrate
alternatively
concluded
franchise
investment
law
rendered
arbitration
agreements
involving
commerce
unenforceable
conflict
federal
arbitration
act
therefore
invalid
supremacy
clause
cal
appeal
also
determined
insurmountable
obstacle
conducting
arbitration
classwide
basis
issued
writ
mandate
directing
trial
conduct
proceedings
california
vote
reversed
ruling
claims
asserted
franchise
investment
law
arbitrable
keating
superior
alameda
county
cal
california
interpreted
franchise
investment
law
require
judicial
consideration
claims
brought
statute
concluded
california
statute
contravene
federal
act
also
remanded
case
trial
consideration
appellees
request
classwide
arbitration
postponed
consideration
question
jurisdiction
pending
argument
merits
reverse
part
dismiss
part
ii
jurisdiction
asserted
provides
appeal
final
judgment
highest
state
validity
challenged
state
statute
sustained
conflict
federal
law
southland
challenged
california
franchise
investment
law
applied
invalidate
contract
arbitration
made
pursuant
federal
arbitration
act
appellees
argue
action
california
respect
claim
final
judgment
decree
within
meaning
cox
broadcasting
cohn
judgments
state
courts
finally
decide
federal
issue
immediately
appealable
party
seeking
review
might
prevail
state
merits
nonfederal
grounds
thus
rendering
unnecessary
review
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issue
reversal
state
federal
issue
preclusive
litigation
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cause
action
circumstances
resolved
federal
issue
refusal
immediately
review
decision
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seriously
erode
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policy
judgment
california
respect
claim
reviewable
cox
broadcasting
supra
without
immediate
review
california
holding
may
opportunity
pass
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issue
result
remain
effect
unreviewed
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holding
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conflict
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arbitration
act
hand
reversal
judgment
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terminate
litigation
merits
dispute
finally
failure
accord
immediate
review
decision
california
might
seriously
erode
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policy
plainly
effect
judgment
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nullify
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contract
made
private
parties
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submit
contract
disputes
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binding
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federal
act
permits
parties
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dispute
move
arbitration
quickly
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moses
cone
memorial
hospital
mercury
construction
contracts
arbitrate
avoided
allowing
one
party
ignore
contract
resort
courts
course
lead
prolonged
litigation
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risks
parties
contracting
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eliminate
bremen
zapata
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contract
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resolution
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experienced
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businessmen
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courts
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conduct
negotiations
including
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omitted
part
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relating
propriety
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procedures
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arbitration
raises
questions
southland
contend
california
courts
state
courts
decide
whether
state
law
imposing
procedures
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law
california
appeal
directed
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address
question
whether
state
federal
law
controlled
issue
southland
responded
state
law
permit
arbitrations
proceed
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actions
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rules
civil
procedure
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requiring
arbitrations
proceed
class
actions
well
violate
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constitutional
guaranty
procedural
due
process
southland
claim
appeal
state
law
required
procedures
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act
thus
violate
supremacy
clause
california
southland
argued
california
law
applied
neither
contract
arbitrate
state
law
authorized
procedures
govern
arbitrations
southland
also
contended
federal
rules
inapplicable
state
proceedings
southland
pointed
although
california
law
provided
basis
procedures
judicial
council
california
acknowledged
incompatibility
class
actions
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petition
hearing
appear
southland
opposed
class
procedures
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grounds
california
record
show
california
passed
upon
question
whether
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procedures
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contrary
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act
since
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appear
validity
state
statute
drawn
question
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grounds
southland
without
jurisdiction
resolve
question
matter
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law
see
bailey
anderson
iii
previously
noted
california
franchise
investment
law
provides
condition
stipulation
provision
purporting
bind
person
acquiring
franchise
waive
compliance
provision
law
rule
order
hereunder
void
cal
code
ann
west
enacting
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act
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declared
national
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power
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submit
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rests
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paint
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based
upon
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admiralty
quoting
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prima
paint
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clause
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party
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held
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hether
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paint
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wilko
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