Abstract

This article examines the evolution of U.S. arbitral law in and around the Federal Arbitration Act (FAA), emphasizing how, in contrast to other common law jurisdictions pioneering arbitral law, its modernization - such as it has been - has been shaped predominantly by the U.S. judiciary. Despite the FAA's century-long history, legislative updates have been infrequent and minor, leaving the statute's core architecture largely intact. Instead, the modernization of arbitration law in the United States has been driven by tools of statutory interpretation fashioned by the U.S. Supreme Court with a view to commercial reality, resulting in the distinctly American approach to consent and the gateway role of the courts in arbitration. 

This paper will be part of the TDM Special Issue on "One Century of Arbitration in the United States: The Federal Arbitration Act at Home and Abroad". More information here www.transnational-dispute-management.com/news.asp?key=2077