Arbitration Case Law In The United States
Arbitration in the United States is governed by the Federal Arbitration Act of 1925 (FAA, codified at 9 United States Code, U.S.C. 1 et seq.), which requires courts to compel parties who agree to arbitration to participate in binding arbitration, the decision from which is binding upon the parties. Since the passage of the FAA, both state and federal courts have examined arbitration clauses, as well as other statutes involving arbitration clauses, for validity and enforceability. Federal courts * ''Marine Transit Corp. v. Dreyfus'', * ''Schoenamsgruber v. Hamburg American Line'', * ''The Anaconda v. American Sugar Refining Co.'', * ''Wilko v. Swan'', : Reach of FAA does not extend to claims under Securities Act of 1933 due to anti-waiver provision in latter. Later overruled. * ''Baltimore Contractors, Inc. v. Bodinger'', * ''Bernhardt v. Polygraphic Co. of America'', * ''Moseley v. Electronic & Missile Facilities, Inc.'', * ''Prima Paint Corp. v. Flood & Conklin Manufacturi ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ...
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