Title

Sailing Around Erie:The Emergence of a Federal General Common Law of Arbitration

Abstract

This paper traces the history of American arbitration from the common law to the FAA. It discusses the FAA as a procedural act prior to Southland v. Keating and as a substantive law act following Southland. It discusses the Erie doctrine as applicable to federal courts and state law preemption. The article concludes that Southland by-passed Erie using the Commerce Clause and the Supremacy Clause to create a federal common law of arbitration.

Disciplines

Commercial Law | Dispute Resolution and Arbitration

Date of this Version

August 2005