Sailing Around Erie:The Emergence of a Federal General Common Law of Arbitration
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.
Commercial Law | Dispute Resolution and Arbitration
Date of this Version
Kenneth Dunham, "Sailing Around Erie:The Emergence of a Federal General Common Law of Arbitration" (August 30, 2005). bepress Legal Series. bepress Legal Series.Working Paper 696.