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Full-Text Articles in Law
Concerning Preemption: Upholding Consent Under The Federal Arbitration Act Note, Shane Blank
Concerning Preemption: Upholding Consent Under The Federal Arbitration Act Note, Shane Blank
Journal of Dispute Resolution
AT&T Mobility LLC v. Concepcion represents the latest failed effort by a state to assert some level of control over consensual arbitration agreements. It also represents an affirmation by the U.S. Supreme Court of a long-standing notion that arbitration agreements, standing on equal footing with other contracts, must be enforced according to their terms-holding consent to be the paramount consideration in judicial analysis. This note will examine the lengthy history of the FAA's preemptive power under the Supremacy Clause, explore the U.S. Supreme Court's time-honored rationale for choosing when to exercise its preemptive powers to invalidate state law, and evaluate …
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Journal of Dispute Resolution
The standard for review of arbitrator awards remains a hotly litigated topic. Pelc v. Petoskey, Hough v. State Farm Insurance, and Hart v. McChristian are examples of the limited review even when arbitral awards are challenged for errors of law or of fact. The student project covers these and many other cases decided under the UAA. All attorneys handling cases under the UAA, scholars writing on issues relating to the Act, and judges determining cases involving the statute should consider this comprehensive and high quality case analysis.
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.4
Uniform Arbitration Act: Introduction, The, Timothy J. Heinsz
Uniform Arbitration Act: Introduction, The, Timothy J. Heinsz
Journal of Dispute Resolution
The Uniform Arbitration Act (UAA) is one of the most successful laws promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Originally passed by NCCUSL in 1955, the UAA has served as the bases of arbitration statutes in some forty-eight jurisdictions. As more parties have incorporated arbitration clauses into contractual relationships, the importance of the UAA and its federal counterpart, the Federal Arbitration Act (FAA), have correspondingly increased. Supreme Court precedent at both federal and state levels abrogating the common law hostility against arbitration and replacing this attitude with and avowedly pro-arbitration doctrine has enhanced the arbitration …
Recent Developments: The Uniform Arbitration Act, Brent A. Correll, S. Jacob Sappington, David Sims, Blake J. Tompkins
Recent Developments: The Uniform Arbitration Act, Brent A. Correll, S. Jacob Sappington, David Sims, Blake J. Tompkins
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.4
Revised Uniform Arbitration Act: Modernizing, Revising, And Clarifying Arbitration Law, The, Timothy J. Heinsz
Revised Uniform Arbitration Act: Modernizing, Revising, And Clarifying Arbitration Law, The, Timothy J. Heinsz
Journal of Dispute Resolution
From the outset of the Drafting Committee's deliberations, two issues came to the fore: federal preemption and adhesion contracts.23 The complexity of both matters presented substantial challenges to the Drafting Committee. The Drafting Committee needed to reach early agreement on an approach to preemption and adhesion, which affect so many areas covered by state arbitration law
Recent Developments: The Uniform Arbitration Act, S. Owen Griffin, Kelli Hopkins, Scot L. Wiggins, Emily Woodward
Recent Developments: The Uniform Arbitration Act, S. Owen Griffin, Kelli Hopkins, Scot L. Wiggins, Emily Woodward
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A?
Recent Developments: The Uniform Arbitration Act, Jamie K. Hunt, Ashley E. Ratcliffe, Jeffrey B. Williams, Kimberly Yates
Recent Developments: The Uniform Arbitration Act, Jamie K. Hunt, Ashley E. Ratcliffe, Jeffrey B. Williams, Kimberly Yates
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A.
Recent Developments: The Uniform Arbitration Act, Benjamin K. Byrd, Mondonna L. Ghasedi, Robert J. Steintjes, Michelle Trant
Recent Developments: The Uniform Arbitration Act, Benjamin K. Byrd, Mondonna L. Ghasedi, Robert J. Steintjes, Michelle Trant
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia.' The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A.
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A.
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia.2 The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A. '
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Journal of Dispute Resolution
The Uniform Arbitration Act is an annual project of the Journal of Dispute Resolution.2 The project examines court opinions from the past year which have interpreted state versions of the Uniform Arbitration Act ("U.A.A.").' Currently, thirty-four states and the District of Columbia have adopted arbitration statutes based on the U.A.A.' The goal of the Journal of Dispute Resolution in creating this project is to promote uniformity in interpretation of the U.A.A. by describing the decisions and rationales of recent court opinions.
Federal Arbitration Act And Section 2'S Involving Commerce Requirement: The Final Step Towards Complete Federal Preemption Over State Law And Policy - Allied-Bruce Terminix V. Dobson, The, Isham R. Jones Iii
Journal of Dispute Resolution
In 1609, Lord Coke held agreements to arbitrate revocable at will at any time prior to the issuance of an award.' For three-hundred years following Lord Coke's decision, a similar mindset pervaded the judicial psyche of both England and the United States, requiring legislative action to overcome the dilemma.' Even after the enactment of the Federal Arbitration Act ("FAA" or "Act"), passed by Congress to combat judicial hostility to arbitration, courts continued to jealously guard their jurisdiction from non-traditional dispute resolution forums.4 Under Section 2 of the FAA, courts must enforce agreements to arbitrate contained in contracts which evidence a …
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Journal of Dispute Resolution
Recent Developments: The Uniform Arbitration Act, a project prepared annually since 1983, is a survey of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.A. 4 The purpose of this project is to promote uniformity in interpretation of the U.A.A. by explaining the underlying policies and rationales of recent court decisions.'
Recent Developments: The Uniform Arbitration Act, Dan Coughlin, Laura Kintz, John Moore, Melissa Morrow
Recent Developments: The Uniform Arbitration Act, Dan Coughlin, Laura Kintz, John Moore, Melissa Morrow
Journal of Dispute Resolution
This annual Article2 has been prepared since 1983 as a survey of recent developments in the case law interpreting and analyzing various versions of the Uniform Arbitration Act (U.A.A.). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.N 4 The purpose of this analysis is to promote uniformity in interpreting the U.A.A. by explaining the underlying policies and rationales that have developed from recent court decisions.
Recent Developments: The Uniform Arbitration Act, Angela C. Cole, Nicole J. Cress, Kevin L. Fritz, Lori L. Green
Recent Developments: The Uniform Arbitration Act, Angela C. Cole, Nicole J. Cress, Kevin L. Fritz, Lori L. Green
Journal of Dispute Resolution
Arbitration, once viewed as an undesirable alternative to litigation, has become widely accepted as a viable and often superior cost-effective approach to resolving disputes. In 1955, the national Conference of Commissioners on Uniform State Laws proposed a Uniform Arbitration Act.' Currently, 35 jurisdictions have arbitration statutes patterned after the U. A.A..' What began as an article in the Missouri Law Review entitled Recent Developments: The Uniform Arbitration Act, has evolved into an annual survey of recent developments in case law interpreting state versions of the U.A.A.' This detailed update monitors the underlying principles and rationales that develop from recent decisions. …
Demise Of The Faa's Contract Of Employment Exception - Gilmer V. Interstate/Johnson Lane Corp., The, Michael G. Holcomb
Demise Of The Faa's Contract Of Employment Exception - Gilmer V. Interstate/Johnson Lane Corp., The, Michael G. Holcomb
Journal of Dispute Resolution
The recent trend in the federal courts is to expand the scope of the Federal Arbitration Act2 (FAA) to include statutory claims. 3 Gilmer v. Interstate/Johnson Lane Corp. illustrates this trend by compelling claims under the Age Discrimination in Employment Act of 19674 (ADEA) to arbitration pursuant to an arbitration clause in an employment contract' But does this trend neglect the rights of the individual employee vis-a-vis his employer and does it undermine the purpose of the "contract of employment" exception in the FAA?' This Note will examine the Gilmer case and its adherence to the current trend of expanding …
Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield
Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.
Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer
Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer
Journal of Dispute Resolution
Arbitration as a forum for dispute resolution has been a part of the American common law heritage for at least the past one hundred fifty years. However, until recently, state law was almost uniformly biased against arbitration.2 The theory at common law was that either party to an agreement to arbitrate future disputes could void the agreement at any time.3 This legal environment rendered the institution of arbitration impotent in any situation in which one of the parties decided that their interests would be better served if the dispute was resolved in a more traditional court setting
Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The U.A.A. provides that "[a] written agreement to submit any existing controversy to arbitration . . . is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. "5 Courts and legislatures alike routinely state the policies promoting arbitration. Because most states favor the settlement of disputes through arbitration, there is a tendency for courts to find a valid arbitration agreement
Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The National Conference of Commissioners on Uniform State Laws in 1955 proposed the Uniform Arbitration Act [hereinafter U.A.A.] A large number of states have adopted arbitration statutes based upon the U.A.A. 8 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the U.A.A. and provide a framework for analyzing future cases.'
Recent Developments - The Uniform Arbitration Act
Recent Developments - The Uniform Arbitration Act
Journal of Dispute Resolution
The Uniform Arbitration Act [hereinafter UAA] was proposed by the National Conference of Commissioners on Uniform State Laws in 1955.2 At present, well over half of the states have enacted arbitration statutes based upon the UAA.3 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the UAA, and provide a framework for analyzing future cases.4
Federal Arbitration Act Comparison
Federal Arbitration Act Comparison
Journal of Dispute Resolution
The question the Supreme Court left unanswered in Southland is which FAA provisions must be applied by state courts.' Although the FAA clearly preempts state law on the enforceability of arbitration clauses, 6 state procedural rules may still apply in enforcing arbitration agreements.' Since the extent of preemption remains to be determined, it is important for practioners to be aware of and review potential areas of state arbitration acts which may be superceded by the FAA. Accordingly, a comparison of the FAA with selected state arbitration statutes will lend practitioners some guidance in determining the applicable law.