Book contents
- The Federal Arbitration Act
- The Federal Arbitration Act
- Copyright page
- Contents
- Contributors
- Part I The FAA’s History and Politics
- Part II Enforcing Arbitration Agreements
- 4 Section 1
- 5 Section 2’s “Arising Out of” Requirement
- 6 Limiting Delegation Clauses after Rent-A-Center West, Inc. v. Jackson
- 7 Exempting from the FAA Agreements to Arbitrate Federal Securities Law Claims
- Part III The Role of State Law
- Part IV Federal Courts and the FAA
- Part V Employment and Consumer Contracts
- Part VI Confirming and Vacating Awards
- Part VII Diversity, Inclusion, Opportunity
- Part VIII The Future
5 - Section 2’s “Arising Out of” Requirement
An Argument for Repeal
from Part II - Enforcing Arbitration Agreements
Published online by Cambridge University Press: 04 December 2024
- The Federal Arbitration Act
- The Federal Arbitration Act
- Copyright page
- Contents
- Contributors
- Part I The FAA’s History and Politics
- Part II Enforcing Arbitration Agreements
- 4 Section 1
- 5 Section 2’s “Arising Out of” Requirement
- 6 Limiting Delegation Clauses after Rent-A-Center West, Inc. v. Jackson
- 7 Exempting from the FAA Agreements to Arbitrate Federal Securities Law Claims
- Part III The Role of State Law
- Part IV Federal Courts and the FAA
- Part V Employment and Consumer Contracts
- Part VI Confirming and Vacating Awards
- Part VII Diversity, Inclusion, Opportunity
- Part VIII The Future
Summary
In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court’s interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable.
- Type
- Chapter
- Information
- The Federal Arbitration ActSuccesses, Failures, and a Roadmap for Reform, pp. 48 - 58Publisher: Cambridge University PressPrint publication year: 2024