The opinion
FORSBERG, Judge
(dissenting):
I respectfully dissent. Wilko v. Swan, 346 U.S. 427 , 74 S.Ct. 182 , 98 L.Ed. 68 (1953), has been narrowly limited to its facts by Shearson/American Express, Inc. v. McMahon, — U.S.-, 107 S.Ct. 2332 , 96 L.Ed.2d 185 (1987). Wilko now stands only for the proposition that “where arbitration is inadequate to protect the substantive rights at issue,” then and only then is waiver of a judicial hearing barred. McMahon, 107 S.Ct. at 2339 .
This is not the case here, and the overwhelming policy favoring arbitration should be upheld.