Administrative Regulation of Arbitration

27 Pages Posted: 3 Nov 2019 Last revised: 4 Nov 2019

Date Written: January 10, 2018

Abstract

In Epic Systems v. Lewis, a case on arbitration agreements and class action waivers, the U.S. Supreme Court tangentially addressed the intersection of arbitration and agency deference. The Court’s opinion highlighted a gap in legal scholarship: very little has been written on administrative regulation of arbitration. By cataloging for the first time the instances in which agencies have regulated arbitration over the last four decades, this Note strives to jumpstart the scholarly debate around administrative regulation of arbitration. In the face of decades-old agency rules, this Note shows why Epic Systems should not be interpreted to preempt regulations of arbitration pursuant to general delegations of rulemaking authority. Such an interpretation, which assumes the incompatibility of the agency-deference case law and the arbitration jurisprudence, clashes with longstanding Supreme Court precedent.

Keywords: arbitration; regulation; administrative law; Federal Arbitration Act

JEL Classification: K40, J52

Suggested Citation

Godi, Matteo, Administrative Regulation of Arbitration (January 10, 2018). Yale Journal on Regulation, Vol. 36, No. 2, 2019, Available at SSRN: https://ssrn.com/abstract=3467912

Matteo Godi (Contact Author)

Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

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