Skip to main content

Alternative Dispute Resolution

Statutes

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). 

Case Law

Both Federal and Georgia cases can be accessed on either Westlaw or LexisNexis by subscription.  

Free Federal case sites include:  the U.S. Supreme Court website, Cornell Law School's Legal Information Institute, and Google Scholar.

Free Georgia sites include: Georgia Court of Appeals and Georgia Supreme Court.

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.

Arbitration Decisions & Awards

Federal Regulations

Code of Federal Regulations

The Code of Federal Regulations (C.F.R) is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. The 50 subject matter titles contain one or more individual volumes, which are updated once each calendar year, on a staggered basis

Federal Register

The Federal Register (Fed. Reg.) is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

Regulatory Histories
Disclaimer: The views and opinions of the authors expressed herein do not necessarily state or reflect those of the State of Georgia, and shall not be used for advertising or product endorsement purposes. Georgia State University College of Law and the authors of the works contained on this website do not assume or accept any legal liability or responsibility for the accuracy, currentness, or comprehensiveness of the content on this website. The content on this website does not in any manner constitute the issuance of legal advice or counsel. The information on this website is intended to provide resources that may aid the research of the topics presented, and are in no way a comprehensive list of sources one should consult on the topics presented. Please note that case law, statutory law, and administrative law may be modified and/or overturned. Additionally, because the laws vary between jurisdictions, the laws referred to herein may or may not be applicable to the law within the reader’s jurisdiction.