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Choice of Law Clauses and Their Preemptive Effect upon the Federal Arbitration Act: Reconciling the Supreme Court with Itself

Abstract

The United States Supreme Court has decided two cases concerning the ability of contracting parties to bypass the preemptive provisions of the Federal Arbitration Act. The two cases, Volt v. Board of Trustees and Mastrobuono v. Shearson Lehman Hutton, Inc., appear to be in conflict and the Court's token effort to harmonize them is unpersuasive. This Article analyzes these cases and proposes that, by limiting the holding of each case to a distinct and defined ambit, they can be rationally reconciled.

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39 Ariz. L. Rev. 35 (1997)

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Authors

Thomas A. Diamond (Whittier Law School)

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