The Supreme Court's decision on Terminix reaffirms the scope of the FAA

Article Abstract:

The US Supreme Court's decision in Allied-Bruce Terminix Co. v. Dobson that the Federal Arbitration Act (FAA) applies at the state level rejects the substantial contemplation test in favor of the "commerce in fact" test for determining whether the FAA or state law should be used. Thus the FAA is used for any transaction which "in fact involves or affects" interstate commerce, even if the parties did not contemplate such commerce at all. The reach of the Commerce Clause power determines the reach of the FAA, thus, unless a transaction is purely local, the FAA will determine whether arbitration provisions should be enforced.

United States, Cases, Labor arbitration, Alabama, Exhaustion of administrative remedies, states

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The treatment of arbitration under EU law

Article Abstract:

Issues regarding European Union law in the context of arbitration are discussed, and arbitration affording a uniformity in the application of EU law will strengthen the need for full equality and independence of the arbitral tribunal and therefore avoid the complexity of strict rules of litigation.

European Union, Usage, Negotiation, mediation and arbitration, International trade, Powers and duties, International mediation, European Court of Justice

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