Originally from Dispute Resolution Journal

The implications of the many recent Supreme Court decisions in 2008 and 2009 have yet to be fully understood. This article discusses the possible implications of the Court’s ruling in 14 Penn Plaza v. Pyett on the application of the FAA to arbitration provisions in collective bargaining agreements.

It has been the longstanding view of most federal courts that the Federal Arbitration Act (FAA) does not apply to arbitration provisions in collective bargaining agreements (CBAs). But the U.S. Supreme Court’s recent decision in 14 Penn Plaza v. Pyett suggests otherwise.1 Does this decision by the High Court signal that the wall between the FAA and CBAs should be torn down? If so, the destruction of this wall will have important implications for arbitration provisions in CBAs, among them making judicial review of the arbitration award available under the FAA regime.