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At&T Mobility and FAA Over-Preemption

Yearbook on Arbitration and Mediation, Vol. 4, No. 25, 2012

14 Pages Posted: 2 Apr 2012 Last revised: 1 Mar 2013

Jill Gross

Pace Law School

Date Written: March 13, 2012

Abstract

The Supreme Court's recent arbitration law decisions reflect the Court's strong support for arbitration agreements, but also severely limit the states’ powers to police the fairness of arbitration. In particular, the Court’s decision in AT&T Mobility v. Concepcion, LLC expands the FAA preemption doctrine beyond its prior boundaries, signaling how far the Court is willing to go to support arbitration clauses at the expense of states’ rights and the values of federalism. This article explores the impact of AT&T Mobility on the preemption of state arbitration law, and the concomitant impact on the balance between state and federal power in the arbitration arena. This article argues that AT&T Mobility results in FAA over-preemption, as it unduly shifts arbitration law-making power away from the states, in violation of the FAA’s savings clause.

Keywords: Dispute Resolution, Arbitration

Suggested Citation

Gross, Jill, At&T Mobility and FAA Over-Preemption (March 13, 2012). Yearbook on Arbitration and Mediation, Vol. 4, No. 25, 2012. Available at SSRN: https://ssrn.com/abstract=2033248

Jill Gross (Contact Author)

Pace Law School ( email )

78 North Broadway
White Plains, NY 10603
United States

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