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Home / Opinion Digests / Tribal choice-of-law provisions are unenforceable (access required)

Tribal choice-of-law provisions are unenforceable (access required)

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the enforceability of arbitration agreements included within the terms of payday loans issued by two online lenders. After ...