Arbitration of “Public Injunctions”: Clash Between State Statutory Remedies and the Federal Arbitration Act – Note by Thomas A. Manakides

From Volume 76, Number 2 (January 2003)
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In 1924, proponents of the Federal Arbitration Act (“FAA”) believed arbitration was an amicable way to resolve disputes between business professionals: Arbitration “preserves business friendships. . . . It raises business standards. It maintains business honor.” This indeed may be true, but judicial opinions interpreting the FAA have transcended the realm of legal reasoning, becoming hostile and antagonistic not toward a party’s improper action, but toward judges.