•  
  •  
 

Authors

Tiffany Bennett

First Paragraph

The Federal Arbitration Act (hereinafter “FAA”) was enacted at a time in United State’s history where federal courts sitting in diversity applied a general federal common law. Since 1925, the legal landscape of the country has changed dramatically. In 1938, Erie Railroad Co. v. Tompkins eliminated the concept of federal common law and required courts sitting in diversity to apply state law. However, even in light of Erie, the FAA has been consistently applied to uphold arbitration contracts that would otherwise be invalidated by state law. The FAA has had a very liberal application in the United States law of arbitration. The FAA has been favored as the dominant force in governing enforcement of arbitration agreements; essentially, interpretation and application of the FAA has implied a federal right to arbitrate. In most cases, the FAA will preempt any state arbitration law that would void an otherwise valid arbitration agreement under the FAA.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.