61) The Fifth Circuit did not apply the FAA saving clause
the same way as the Seventh and Ninth Circuits.
134) The court also disagreed with the dissent's reading of Supreme Court precedent (135) and maintained that "the Supreme Court has repeatedly made clear [that] there is a limiting principle built into the FAA on what may be waived in arbitration: where substantive rights are at issue, the FAA's saving clause
works in conjunction with the other statute to prevent conflict.
First, the agreements plainly fall within the scope of the FAA's saving clause
because they can be invalidated on the basis of the general principle of illegality because they violate the NLRA.
This is admittedly a difficult task to coordinate through the Instrument because exceptions to the saving clause
are typically implemented via cross reference to other provisions within a single bilateral tax treaty.
17) The Court commented, "Although [section]2's saving clause
preserves generally applicable contract defenses, nothing in it suggests an intent to preserve state-law that stands as an obstacle to the accomplishment of the FAA's directives.
If, upon the other hand, the cause of action be not one of which a court of admiralty has jurisdiction, or if the suit be in personam against an individual defendant, with an auxiliary attachment against a particular thing, or against the property of the defendant in general, it is essentially a proceeding according to the course of the common law, and within the saving clause
of the statute of a common-law remedy.
82) Unlike in Whiting, the majority (including Justice Thomas) did not hesitate to read the saving clause
narrowly in light of purposes attributed to the federal statute.
An exception to the saving clause
is made in the case of students, trainees, teachers, and researchers.
action fell under an exception, such as the saving clause
48) The case involved the National Traffic and Motor Vehicle Safety Act of 1966, (49) which contained both a preemption provision and a saving clause
that recognized the continued validity of state law.
32) Accordingly, this calls into question whether the saving clause
can be interpreted in favour of groups seeking separation.
In Geier, the Court found that a plaintiff's run-of-the-mill products liability claim against an auto manufacturer posed an undue obstacle to attaining the policies implicit in the federal auto safety program, even though the statute involved contained an express preemption clause and a saving clause
explicitly preserving state common law claims.