Arbitration

Andrew Daechsel,Fake Arbitration: Why Florida's Nonbinding Arbitration Procedure Is Not Arbitration Within the Scope of the Federal Arbitration Act

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 […]

Kristen M. Blankley, Impact Preemption: A New Theory of Federal Arbitration Act Preemption

The United States Supreme Court has expanded its arbitration preemption jurisprudence to unprecedented and unexplained bounds, ultimately creating a new type of preemption, herein coined “impact preemption.” As applied by the Court, the scope of impact preemption is broader than even field preemption. The future policy implications of impact preemption are significant. Impact preemption shifts […]

Christopher R. Drahozal & Erin O'Hara O'Connor, Unbundling Procedure: Carve-Outs From Arbitration Clauses

A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing […]