US Arbitration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Federal Arbitration Act

The Federal Arbitration Act (FAA), enacted in 1925 and codified at 9 U.S.C. §§ 1–16, is the primary legislation governing arbitration in the United States. Chapter 1 of the FAA applies to domestic arbitration and establishes a substantive federal policy favouring arbitration. In Southland Corp v Keating (465 U.S. 1, 1984), the Supreme Court held that the FAA preempts state anti-arbitration laws under the Supremacy Clause, establishing that the FAA applies in both federal and state courts and that state laws that discriminate against arbitration are invalid. This preemption doctrine has been a cornerstone of American arbitration law, ensuring that arbitration agreements are treated no less favourably than other contracts under state law — the “saving clause” of FAA § 2.

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US Arbitration Law

The Federal Arbitration Act