Does the Federal Arbitration Act (FAA) govern Florida’s nonbinding arbitration procedure? At present, this question is unresolved. As its name suggests, the FAA generally governs arbitration agreements. But the FAA does not define “arbitration,” and the U.S. Courts of Appeals have different standards for what constitutes arbitration under the FAA. This Note discusses those different standards and argues that the Eleventh Circuit provides the most logical test for determining whether a particular dispute resolution procedure is FAA arbitration. Finally, this Note argues that, under the Eleventh Circuit’s standard, Florida’s nonbinding arbitration procedure is not FAA arbitration.
September 2016, Vol. 68, No. 5
Leslie C. Levin, Lawyers Going Bare and Clients Going Blind
Aya Gruber, Amy J. Cohen, & Kate Mogulescu, Penal Welfare and the New Human Trafficking Intervention Courts
Caprice Roberts, Supreme Disgorgement
Anthony Jose Sirven, Undue Process: A Father's Proprietary Interest in an Embryo and Its Clash with Casey
Maris Snell, Section 875C: Not for All Intents and Purposes