LAW 5020: Commercial Arbitration Law and Procedure
Spring 2021 • Section 21 • CRN 25325

Course Description

This course examines arbitration law under the Federal Arbitration Act, 9 U.S.C. Secs. 1-16, and cases interpreting the FAA.How disputes get resolved is a major concern of any system of government. Arbitration is a way of resolving disputes under which the parties agree to have an arbitrator, selected by them, adjudicate their dispute using procedures selected by them. Agreements to arbitrate have raised a variety of difficult constitutional questions: What are the limits of arbitrability? What is the source and extent of Congress' power to impose an alternative adjudication system on the states? At what point does the Supreme Court's power to interpret a statute inappropriately trespass on Congress€™ legislative role? Not only constitutional questions, but a host of contractual, procedural, civil rights, and consumer protection issues regularly crop up as part of disputes that are subject to arbitration. These issues often force the Court to grapple with competing and sometimes conflicting Congressional policies expressed in the FAA and other statutes.

Book List/Materials