Max Birmingham

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This article addresses whether, when the Federal Arbitration Act (“FAA”) governs an arbitration, the FAA’s judicial review standards apply in state court and preempt application of different state law judicial review standards. This argument proceeds as follows: Part I provides an introduction. Part II analyzes the procedural reform intent of the FAA and why the statute seeks to standardize the arbitration process. Part III reviews the judicial review of arbitration awards as promulgated in Hall Street Associates, L.L.C. v. Mattel, Inc. Part IV reviews the generations of FAA cases which have been held to be preempted by SCOTUS. Part V examines the caselaw and explores the reasoning behind the decisions. Part VI states public policy purposes as to why the FAA’s judicial review standards apply in state court when the FAA governs an arbitration. Part VII identifies why not applying FAA judicial review standards to an arbitration when the FAA governs is subject to reductio ab absurdum. Part VIII concludes.