Jump to ContentJump to Main Navigation
Toward a New Federal Law on Arbitration$
Users without a subscription are not able to see the full content.

Thomas E. Carbonneau

Print publication date: 2014

Print ISBN-13: 9780199965519

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199965519.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 June 2020

The Judicial Gloss

The Judicial Gloss

Chapter:
(p.25) 2 The Judicial Gloss
Source:
Toward a New Federal Law on Arbitration
Author(s):

Thomas E. Carbonneau

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199965519.003.0004

The U.S. Supreme Court has developed an extensive decisional law on arbitration. The FAA's early enactment prevented it from incorporating major developments in the area of arbitration. The Court's rulings modernized the statute, making arbitration a vehicle by which U.S. citizens could be guaranteed access to effective adjudication. The Court gave the FAA a destiny that far exceeds the circumstances and objectives of its original enactment. The Court's rulings introduced federal question jurisdiction into the law by federalizing arbitration and thereby preempting state laws from restricting arbitration's scope of application. The court also promoted the existence of a federal policy favoring arbitration in the statute, making arbitrability the more likely conclusion of litigation. The Court also made arbitrators more powerful by allowing them to assess their own jurisdiction and interpret the arbitral clause. Finally, the Court recognized separability and greatly confined subject matter restraints on arbitration.

Keywords:   U.S. Supreme Court, FAA, effective adjudication, federalization, federal preemption, federal question jurisdiction, scope of application, arbitrability, federal policy, separability

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .