THE FEDERAL ARBITRATION ACT

Its Use in New Jersey Disputes

Congress enacted the Federal Arbitration Act in 1925 to promote the limited states enforcement of arbitration agreements and to make arbitration a more viable option to parties in the federal courts. The statutory structure of the Federal Arbitration Act is similar to that of the New Jersey Arbitration Act.

When Can the Federal Arbitration Act Be Used?

As with the New Jersey Arbitration Act, an arbitration agreement which mandates the arbitration of disputes under federal law is enforceable when it is specifically incorporated into a contract.  The Federal Arbitration Act provides for arbitration in maritime disputes and commercial transactions involving interstate or foreign commerce. If your transaction involves interstate commerce or is a maritime transaction and you mandate arbitration, arbitration will be enforced in either the state or federal courts.

Judicial Review of a Federal Arbitration Decision

You have one year following the issuance of an arbitration award to confirm the award to the federal court in the district in which the award was made, unless otherwise specified in the arbitration agreement.