Chapter 4 - § 4.7 • PREEMPTION OF ARBITRATION LAW — APPLICABILITY IN STATE OR FEDERAL COURT

• Jurisdiction: Colorado

§ 4.7 • PREEMPTION OF ARBITRATION LAW — APPLICABILITY IN STATE OR FEDERAL COURT

Earlier sections discussed the scope and extent of preemption of state arbitration law by the FAA, when the FAA is applicable. When an arbitration issue is brought to a state court, that state court will apply the FAA to the extent of its preemption of state arbitration law, and will apply state arbitration law to the extent not preempted by the FAA.¹³¹

But, if the same case is brought in federal court and the FAA governs, does the federal court apply only federal law? Probably, to the extent the provisions of the FAA are substantive, they apply under the Supremacy Clause. To the extent they are procedural...