California's Unique Approach to Arbitration: Why This Road Less Traveled Will Make All the Difference on the Issue of Preemption under the Federal Arbitration Act

Authors

Michael G. McGuiness
Adam J. Karr

Abstract

We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA contains a "savings clause" that provides that arbitration agreements shall be "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.", By its terms, the FAA permits courts to refuse to enforce arbitration agreements if the agreement is invalid under state laws that "arose to govern issues concerning the validity, revocability, and enforceability of contracts generally."

Recommended Citation

Michael G. McGuiness and Adam J. Karr, California's Unique Approach to Arbitration: Why This Road Less Traveled Will Make All the Difference on the Issue of Preemption under the Federal Arbitration Act, 2005 J. Disp. Resol. (2005)
Available at: https://scholarship.law.missouri.edu/jdr/vol2005/iss1/7