Originally from Alternatives to the High Cost of Litigation

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The Federal Arbitration Act (FAA), enacted by Congress in 1925, has stood for nearly a century as a cornerstone of American dispute resolution. Designed to ensure enforceability of arbitration agreements between commercial entities, it has evolved far beyond its intended original scope.

Over the past 40 years, judicial interpretations have expanded the law’s application to employment, consumer, and statutory claims. While this evolution has brought notable successes, it has also revealed significant shortcomings. The 100-year mark is an opportune time to take a step back and think creatively about ways to improve a statute that has polarized disputants, especially between those of unequal bargaining power.

To commemorate the FAA’s centenary, the authors organized and co-edited “The Federal Arbitration Act: Successes, Failures, and a Roadmap for Reform,” published in December 2024 by Cambridge University Press. This volume of 32 chapters from 30 different contributors brings together concrete proposals from leading law professors and ADR practitioners, each offering unique insights into the statute’s impact and proposing targeted reforms.