Federal Arbitration Act (FAA): Primary federal law (9 U.S.C. ยงยง 1-16) governing arbitration agreements in interstate commerce. Establishes validity, enforceability, and basic procedural requirements for arbitration agreements.
Alternative Dispute Resolution Act of 1998: Federal legislation that provides framework for court-annexed ADR programs and encourages the use of alternative dispute resolution methods.
State Arbitration Laws: State-specific legislation governing arbitration procedures and requirements within state jurisdiction. Must be considered alongside federal law.
State Mediation Rules: State-specific regulations and requirements governing mediation processes and mediator qualifications.
State Contract Laws: General contract formation and enforcement laws that affect the validity and interpretation of arbitration agreements.
AT&T Mobility LLC v. Concepcion (2011): Key Supreme Court precedent regarding the preemption of state laws that conflict with the Federal Arbitration Act.
Epic Systems Corp. v. Lewis (2018): Supreme Court decision upholding the enforceability of class action waivers in arbitration agreements.
Due Process Requirements: Constitutional and procedural safeguards that must be incorporated into arbitration agreements to ensure fairness.
Unconscionability Doctrine: Legal principle that may void arbitration agreements that are unfairly one-sided or oppressive.
EEOC Guidelines: Equal Employment Opportunity Commission requirements affecting arbitration of employment discrimination claims.
SEC Rules: Securities and Exchange Commission regulations affecting arbitration in securities-related disputes.
Consumer Protection Laws: Federal and state laws protecting consumer rights that may affect the enforceability of arbitration agreements with consumers.
Labor Laws: Employment and labor regulations that may impact arbitration agreements in the employment context.
