In enacting the Federal Arbitration Act, Congress intended to create a federal policy in favor of arbitration. The FAA mandates arbitration of arbitral agreements "evidencing a transaction involving commerce." (See 9 U.S.C. § 2). Commerce is defined in the FAA as “commerce among the several States or with foreign nations." (See 9 U.S.C. § 1).
The federal policy in favor of arbitration is reflected in United States Supreme Court cases holding that the FAA preempts state law and is broad in reach. As a result, even if a contact is executed in Georgia, if it involves interstate commerce the FAA will preempt the GAC. Thus, Georgia practioners must have a firm grasp on preemption, the FAA, and the Georgia Arbitration Code (GAC).
Possible search terms include: alternative dispute resolution, mediation, arbitration, negotiation, dispute resolution law, arbitration and award.
Two heavily contested issues of federal arbitration law are 1) when the FAA preempts state arbitration law, and 2) when courts can vacate arbitral decisions.
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