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The Potential Death of the Georgia Arbitration Act

The Daily Report

  • February 15, 2018

John Amabile wrote a guest article in the Daily Report analyzing how U.S. Supreme Court rulings in recent years may signal the end for the Georgia Arbitration Act, as well as other state laws that put limits on arbitration. 

"The United States Supreme Court has tilted the playing field so that any state law found to be contrary to the Federal Arbitration Act is subject to complete pre-emption," John writes. "The court’s affection for the FAA means that any provision of Georgia law that makes any particular arbitration agreement unenforceable is likely no longer valid ... as stated by the Supreme Court in Kindred, the FAA 'pre-empts any state rule discriminating on its face against arbitration – for example, a law prohibiting outright the arbitration of a particular type of claim.'"

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