The U.S. Supreme Court Has Misinterpreted The Federal Arbitration Act
For parties aggrieved by another’s refusal to arbitrate under a written agreement, the Federal Arbitration Act grants the ability to petition any court of the United States for an order compelling the parties to arbitrate the dispute. The FAA applies where (absent the arbitration agreement) federal courts would have jurisdiction over the subject matter. This article will overview the evolution of modern arbitration agreements, explore the flaws in the current federal law approach to arbitration, and suggest needed reforms. The FAA The first modern arbitration statute was enacted in New York in 1920. That statute made enforceable all arbitration agreements...
