Federal Arbitration Act (FAA) | Practical Law

Federal Arbitration Act (FAA) | Practical Law

Federal Arbitration Act (FAA)

Federal Arbitration Act (FAA)

Practical Law Glossary Item 6-501-6615 (Approx. 4 pages)

Glossary

Federal Arbitration Act (FAA)

A statute enacted in 1925 that provides the basic legal principles applicable to arbitration in the US (9 U.S.C. §§ 1-16; 9 U.S.C. §§ 201-208; 9 U.S.C. §§ 301-307). Its core principle is that arbitration agreements involving interstate or foreign commerce must be considered:
  • Valid.
  • Irrevocable.
  • Enforceable, except on legal or equitable grounds for the revocation of a contract.
Under the FAA, an arbitrator's decision binds the parties unless the arbitration or the arbitrator was fundamentally unfair. All fifty US states and the District of Columbia have enacted arbitration laws of their own to address issues that the FAA does not address.
The FAA consists of three chapters. Chapter 1 of the FAA (9 U.S.C. §§ 1-16) contains the general principles applicable to all arbitrations that fall under the FAA. It provides that the FAA applies to any arbitration agreement that:
  • Is in writing.
  • Relates to a maritime transaction or a transaction involving interstate or foreign commerce.
Chapter 2 of the FAA (9 U.S.C. §§ 201-208) incorporates the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) into US law.
Chapter 3 of the FAA (9 U.S.C. §§ 301-207) implements the Inter-American Convention on International Commercial Arbitration (the Panama Convention) into US law.