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).
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.
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
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.
