The Federal Arbitration Act
Successes, Failures, and a Roadmap for Reform

This book provides a roadmap to reform and enhance the fairness and coherence of the Federal Arbitration Act.

Richard A. Bales (Edited by), Jill I. Gross (Edited by)

9781009391917, Cambridge University Press

Hardback, published 5 December 2024

380 pages
26.2 x 18.6 x 2.5 cm, 0.89 kg

In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court's interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable.

1. Introducing the FAA and its Centenary Jill I. Gross and Richard A. Bales
2. The Birth of an Arbitration Nation Imre Stephen Szalai
3. The Bipartisan and Cross-Ideological Currents Supporting the Ascendance of Arbitration Sarah Staszak
4. Section 1: Defining Arbitration and Addressing Structural Bias Nancy A. Welsh
5. Section 2's 'Arising out of' Requirement: An Argument for Repeal Stephen J. Ware
6. Limiting Delegation Clauses After Rent-A-Center West, Inc. v. Jackson David Horton
7. Exempting From the FAA Agreements to Arbitrate Federal Securities Law Claims Jill I. Gross
8. Ending FAA Preemption: Restoring the Federal-State Balance in Arbitration Regulation Richard Frankel
9. Pressing the 'Restart' Button: Amending FAA Section 2 so that State Law, not the FAA, Regulates Adhesion Arbitration Ronald G. Aronovsky
10. State Arbitration Law in an FAA Preemption World: The Interaction between Federal and State Arbitration Law Maureen A. Weston
11. Federal Court Jurisdiction for Arbitration Matters: A Complex Problem with an Easy Solution Kristen Blankley
12. Section 4: Jury, Trial: A Misnomer in the FAA Tracey B. Frisch
13. Third Party Arbitral Subpoenas: Are they allowed and who can challenge them? Bradley A. Areheart
14. Clarifying Section 7 to Accommodate OArb Amy J. Schmitz
15. The FAA's 'Transportation Worker' Exemption – Arbitrary and Confusing Lise Gelernter
16. The Early Days of the Ending Forced Arbitration Act Sandra Sperino
17. Expanding the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act to Protect Workers' Rights Ariana R. Levinson
18. The FAA Should Not Cover Consumer Claims Jeff Sovern
19. Using the OWBPA as a Model for Protecting Signatories to Adhesive Arbitration Agreements Richard A. Bales
20. Voiding Silent Class Action Waivers by Amending the FAA Blair Druhan Bullock
21. Revising the Reviewing: Amending FAA Section 10 to Improve Procedural Protections in Employment Arbitration Sarah Rudolph Cole.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5]