Litigation & Arbitration,
Alternative Dispute Resolution
Aug. 11, 2015
Walk through the evolution of arbitration jurisprudence
Enacted in 1926 when federal courts could develop federal common law, Congress assumed the Federal Arbitration Act's scope of application would be universal.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
Ever since the U.S. Supreme Court decided the Federal Arbitration Act preempts state laws or judicial rulings undermining arbitration, a flood of litigation has occurred over interpretation of the statute. It reversed several state courts whose case law circumvented the FAA on the ground contractual interpretation trumps policy considerations.
In California, the most obvious example of disagreement on employment and consumer arbitra...
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