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D - Brunet's Federal Arbitration Act

Published online by Cambridge University Press:  16 November 2009

Edward Brunet
Affiliation:
Lewis and Clark College, Portland
Richard E. Speidel
Affiliation:
Northwestern University, Illinois
Jean E. Sternlight
Affiliation:
University of Nevada, Las Vegas
Stephen J. Ware
Affiliation:
University of Kansas
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Summary

(Note: This proposed legislation consists of several recommended changes to federal arbitration legislation)

[Insert at start of §2]

Scope of Federal Legislation: This legislation applies to transactions or conduct that affects interstate commerce. [Alternative: strike word “involving” before word “commerce” in existing section two of the FAA and substitute word “affecting.”].

[insert as the new last sentence of §2]

State Law to Govern Savings Clause: The rule of decision to be applied when deciding the validity of an arbitration agreement should be state law.

[insert as new §10(a)(7)]

Party Authority to Enhance Review: The parties may contract for judicial review of the arbitration award for reasons beyond the grounds set forth in this act.

[insert as new §10(a)(8)]

Awards Contrary to Public Policy: Courts may vacate awards that are plainly inconsistent with public policies expressly set out in legislation or legal precedents.

[insert as new §18]

Preemption. No intent to preempt the field: States may regulate arbitration, provided that state law does not stand as an obstacle to enforcing consensual agreements to arbitrate.

Type
Chapter
Information
Arbitration Law in America
A Critical Assessment
, pp. 377 - 378
Publisher: Cambridge University Press
Print publication year: 2006

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