The US Supreme Court on Federal Pre-Emption and Appeals on Questions of Law by Consent -A Case Note (original) (raw)

The US Supreme Court started 2008 by producing two contrasting decisions on arbitration. The first decides that the Federal Arbitration Act preempts California state law insofar as the latter's reference of disputes to an administrative agency impedes access to arbitration governed by the Act. The second resolves a long-standing dispute as to whether the parties can by agreement expand the grounds for setting aside awards to include review for an error of law. In giving a negative answer, SouterJ hints at the ultimate abolition of review for 'manifest disregard of the law'.