Lest anyone think that the preemption doctrine in arbitration has gone dormant, today’s cases should set the record straight. Courts have recently found the FAA preempted state rules in Pennsylvania, South Carolina, and Alabama.
The Pennsylvania Supreme Court found that one of its rules of civil procedure was preempted by the FAA in Taylor v
Because courts apply a presumption of arbitrability when they analyze whether particular claims fall within the scope of an arbitration clause, and arbitration clauses are generally drafted very broadly, I don’t usually get to write about courts finding that a dispute falls outside the scope of arbitrable claims. But this week, both the Second and