PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Federal Rules Inapplicable
10 Cards On This Topic:

Federal rules do not apply in state proceedings.

9 U.S.C. §1 exempts only transportation workers from FAA's reach.

As arbitrators acted well within discretion, dist. ct. erred in holding D must pay pro-rata share of arb fees—AAA Rules incorporated into agrmt recognize arbitrators' discretion to interpret scope of authority.

Petition to compel arbitration properly denied where Federal Arbitration Act exemption for transportation workers engaged in interstate commerce applied even though plaintiff's deliveries were intrastate.

The FAA exempts contracts of employment of seamen, railroad employees or other classes of workers, i.e., transportation workers, engaged in foreign or interstate commerce.

Under the federal McCarran-Ferguson Act, Nebraska law applied to preempt the Federal Arbitration Act and invalidated parties' arbitration clause.

Whether parties have submitted an issue to arbitration is for the court to decide unless the parties clearly and unmistakably provide otherwise.

CA procedure applies to a motion to compel arbitration where arbitration agreement is governed by FAA but is silent as to choice of law and does not state FAA procedure applies.

Agreement to arbitrate under USAA did not mean the act's procedural sections applied in state court proceedings.

Court must look to contract language to determine what portions of state law parties intended to incorporate, and then, if ambiguity exists, to determine whether choice of law provision conflicts with objectives of USAA.