The FAA vs. the NLRA and the FLSA: Have Courts Given the FAA Too Much Deference?

Nikki Clark

When two parties willingly enter into an agreement with one another, each party is generally expected to abide by that agreement. This was not always the case with arbitration agreements so Congress enacted the Federal Arbitration Act (FAA) on February 12, 1925 in response to judicial hostility against arbitration. The FAA was ratified to provide validity to arbitration agreements into which parties had willingly entered. Initially, supporters of the FAA stated the Act was designed to cover contracts between people in different states who shipped, bought, or sold commodities. While this was the original intention of the Act, courts have since given the FAA more weight. Since the passage of the FAA, courts have favored arbitration agreements and have generally given deference to arbitration awards and decisions.

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