Federal Arbitration Act

The Federal Arbitration Act (Pub.L. 68–401, 43 Stat. 883, enacted February 12, 1925, codified at 9 U.S.C. § 1 et seq.) is an act of Congress that provides for judicial facilitation of private dispute resolution through arbitration. It applies in both state courts and federal courts, as was held constitutional in Southland Corp. v. Keating. It applies where the transaction contemplated by the parties "involves" interstate commerce and is predicated on an exercise of the Commerce Clause powers granted to Congress in the U.S. Constitution.
Posts about Federal Arbitration Act
  • IBM collective action waivers and private arbitration

    … Is IBM ingenious or has it shot itself in the head? Time and the Supreme Court will soon tell. As those following IBM’s force reductions over the last few years already know, IBM stopped asking its terminated older workers for releases of their federal age discrimination claims in 2014. By not asking for federal age waivers, IBM placed itself…

    Lamberton Law Firm, LLC- 9 readers -
  • Arbitration Redux: Supreme Court Speaks Again

    … Just seven days after my last blog post on arbitration clauses, the United States Supreme Court issued its decision in DIRECTV, Inc. v. Imburgia finding, yet again, that a class action waiver provision was enforceable against a consumer. Although the decision turned on a rather nuanced question of contract interpretation, it serves as a powerful…

    Brann & Isaacson- 52 readers -
  • Arbitration Clauses Under Attack, Again

    … “held that the Federal Arbitration Act trumped the longstanding California legal principle that such anti-class action provisions were unfair to consumers. And so, the Concepcion decision forced customers to pursue claims against AT&T piecemeal, cases too small to attract class action plaintiffs lawyers hungry for big pay-offs.” The impact…

    Brann & Isaacson- 30 readers -
  • Court Orders Arbitration for False Claims Act

    … the Federal Arbitration Act with the idea that arbitration relieves court congestion and provides parties with a quicker and less costly alternative to litigation. Despite our belief that the court is overreaching, Judge Black found that the whistleblower claims were subject to the arbitration agreement. At this point, the case is a flyer and we don’t…

    Due Diligence- 13 readers -