HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
intertwining doctrine
Read a random definition: Sentencing Reform Act of 1984
A quick definition of intertwining doctrine:
Intertwining Doctrine: This is a rule that says if there are two types of claims (ones that can be solved by arbitration and ones that can't) that come from the same event and are mixed together, a court can decide not to force arbitration for any of the claims. However, this rule doesn't always work because the Federal Arbitration Act usually takes over.
A more thorough explanation:
The intertwining doctrine is a legal principle that states that if there are both arbitrable and non-arbitrable claims arising from a single transaction, and these claims are legally and factually intertwined, a court can refuse to compel arbitration of any claims.
For example, if a person signs a contract with a company that includes both a dispute resolution clause requiring arbitration and a non-compete clause that is not subject to arbitration, and a dispute arises regarding the non-compete clause, the court may refuse to compel arbitration of any claims because the non-compete clause is intertwined with the overall transaction.
However, it is important to note that the Federal Arbitration Act usually preempts the intertwining doctrine, limiting its effect.