What is the difference between the Federal Arbitration Act and state arbitration law?
The Federal Arbitration Act (FAA) and state arbitration laws are two separate but related bodies of law governing arbitration. The FAA is a federal law that provides rules for how arbitration proceedings should be conducted. It governs the enforceability of arbitration agreements and how disputes should be resolved through arbitration. State arbitration laws, on the other hand, are specific to each state. In Florida, the state arbitration law is found in Florida Statutes Chapter 682. This state law has some differences from the FAA, such as a requirement that each side be given an opportunity to present their case before the arbitration and that any decision must be based on the evidence submitted. The state law also has requirements for who can serve as an arbitrator, such as that the arbitrator must be impartial. The difference between the FAA and state arbitration law is that the FAA sets forth general rules and procedures for conducting an arbitration while the state arbitration law provides specific rules and procedures for arbitration in Florida. The FAA applies to arbitration proceedings conducted across state lines and nationally, while the state arbitration law only applies within the state of Florida. It is important to understand the differences between the two laws in order to ensure that the arbitration is conducted according to the applicable rules.
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