PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Federal Rules Inapplicable
5 Cards On This Topic:
  • Federal rules do not apply in state proceedings.
  • 9 U.S.C. §1 exempts only transportation workers from FAA's reach.
  • As arbitrators acted well within discretion, dist. ct. erred in holding D must pay pro-rata share of arb fees—AAA Rules incorporated into agrmt recognize arbitrators' discretion to interpret scope of authority.
  • Agreement to arbitrate under USAA did not mean the act's procedural sections applied in state court proceedings.
  • Court must look to contract language to determine what portions of state law parties intended to incorporate, and then, if ambiguity exists, to determine whether choice of law provision conflicts with objectives of USAA.