Alternative Dispute Resolution,
U.S. Supreme Court,
Litigation & Arbitration
Nov. 1, 2013
Arbitration's slow, continuing expansion
Since the enactment of the FAA in 1925, the role and scope of arbitration has slowly evolved.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
According to the U.S. Supreme Court, common law "judicial hostility" stunted the growth of arbitration, but in 1925 Congress enacted the Federal Arbitration Act allowing federal courts to enforce written agreements between parties to arbitrate current or future contractual disputes. California followed suit in 1960 with the California Arbitration Act, and both jurisdictions subsequently decided judicial interpretation of arbitration clauses encompassed the same role as substantive contract...
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