AAA Yearbook on Arbitration & the Law - 25th Edition - Chapter 3 - Interaction of Federal and State Law
3.01 Commerce Clause Preemption of State Law by the FAA
AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011) The FAA preempts California’s judicial rule prohibiting as unconscionable waivers of class arbitration in consumer cases.
Citations and References
See § 2.06, supra for full discussion of the decision.
Preston v. Ferrer, 128 S. Ct. 978 (2008)
When parties agree to arbitrate all questions arising under a contract, the FAA supersedes state laws granting primary jurisdiction in another forum, whether judicial or administrative.
Ferrer, who appears on television as “Judge Alex” contracted with Preston, an entertainment industry attorney, for personal management services. The parties’ contract mandated arbitration for “any dispute . . . relating to the [contract’s] terms . . . in accordance with the [AAA] rules.” Preston invoked the arbitration clause in order to recover fees allegedly owed under the contract.