Ten Years (or so) after Gilmer: Arbitration of Employment Law Claims Under the Federal Arbitration Act and the Role of Rhode Island Law

Abstract

Using Rhode Island law as an example, this paper explores the interaction of 1) the Federal Arbitration Act and its presumption in favor of enforcement of arbitration agreements, 2) inconsistent state law that is specific to arbitration agreements, which the FAA preempts, and 3) generally applicable state law that might render certain arbitration agreements unenforceable, which is specifically saved from preemption by the Supreme Court's interpretation of the FAA.

Keywords: arbitration, employment, preemption, Federal Arbitration Act