9th U.S. Circuit Court of Appeals,
Civil Litigation,
U.S. Supreme Court
May 25, 2018
What chaos will ensue if legislation to reject arbitration passes?
Arbitration critics are cognizant that amending, diluting or ending arbitration in California may suffer reversal under U.S. Supreme Court preemption doctrine.
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."
When the business community urged New York state lawmakers to resolve cases other than in the courts incurring cost, delay and inconvenience to witnesses, the legislature introduced the role of arbitration. Several years later Congress concurred in enacting the Federal Arbitration Act.
Although Congress has done nothing significant to amend the statute, the U.S. Supreme Court has judicially expanded the interpretation of the FAA and...
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