Does the Federal Arbitration Act (FAA) govern Florida’s nonbinding arbitration procedure? At present, this question is unresolved. As its name suggests, the FAA generally governs arbitration agreements. But the FAA does not define “arbitration,” and the U.S. Courts of Appeals have different standards for what constitutes arbitration under the FAA. This Note discusses those different standards and argues that the Eleventh Circuit provides the most logical test for determining whether a particular dispute resolution procedure is FAA arbitration. Finally, this Note argues that, under the Eleventh Circuit’s standard, Florida’s nonbinding arbitration procedure is not FAA arbitration.
Fake Arbitration: Why Florida's Nonbinding Arbitration Proceudre is Not Arbitration Within the Scope of the Federal Arbitration Act,
67 Fla. L. Rev.
Available at: http://scholarship.law.ufl.edu/flr/vol67/iss3/10