Sailing around Erie: The Emergence of a Federal General Common Law of Arbitration

Authors

Kenneth F. Dunham

Document Type

Article

Abstract

This paper traces the history of American arbitration from the common law to the FAA. It discusses the FAA as a procedural act prior to Southland v. Keating and as a substantive law act following Southland. It discusses the Erie doctrine as applicable to federal courts and state law preemption. The article concludes that Southland by-passed Erie using the Commerce Clause and the Supremacy Clause to create a federal common law of arbitration.

Recommended Citation

Kenneth F. Dunham, Sailing around Erie: The Emergence of a Federal General Common Law of Arbitration , 6 Pepp. Disp. Resol. L.J. Iss. 2 (2006)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol6/iss2/1