Section 8-1-41 - Obligations which cannot be specifically enforced

1 Analyses of this statute by attorneys

  1. Using Arbitration Forums Special Arbitration Agreement To Efficiently Subrogate Small Claims

    Fish Nelson & Holden LLCJuly 9, 2010

    It is during this period that the Special Arbitration Agreement member workers’ compensation insurance carrier should determine if the opposing insurance company is also a signatory to the agreement. If both companies are, then the workers’ comp carrier should submit their claim to AF and compel arbitration.Ala. Stat. 8-1-41 (3) says that pre-dispute arbitration agreements are unenforceable under Alabama law. However, this statute is preempted by the Federal Arbitration Act, 9 U.S.C. 1-14, in contracts affecting interstate commerce.