Arbitration: Interface of the Federal Arbitration Act and Nebraska State Law
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Authors
Gradwohl, John M.
Issue Date
2010
Volume
43
Issue
Type
Journal Article
Language
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Abstract
FIRST PARAGRAPH(S)|Arbitration law in the United States is often a confusing and uncertain mixture of federal and state law and policies. The simplest generalization is that it is a contractual arrangement with the Federal Arbitration Act ("FAA") controlling enforcement of dispute resolution by arbitration and state law providing the basic contract law, supplementing the FAA procedurally, and regulating the underlying transaction between the parties. |This Article examines the relationships of the FAA, Nebraska Uniform Arbitration Act ("Nebraska UAA"), and other Nebraska state law. These issues are similarly relevant in other states. |The analysis pertains almost exclusively to agreements to arbitrate future disputes, that is "to settle by arbitration a controversy thereafter arising out of such contract or transaction." Agreements to arbitrate an existing controversy are also authorized by the arbitration statutes, are ordinarily carried out voluntarily by the parties as specified in the agreement, and relatively infrequently present critical issues of arbitration law or policy. Agreements to arbitrate an existing controversy are the product of negotiation or an opportunity for negotiation. Many agreements to arbitrate future disputes...
Description
Citation
43 Creighton L. Rev. 97 (2009-2010)
Publisher
Creighton University School of Law