We came across an interesting article regarding the intersection of arbitration and bankruptcy published by the Defense Research Institute (“DRI”). The piece is entitled Which Federal Law Takes Precedence? The FAA vs. the U.S. Bankruptcy Code? written by John L. McCants.
Here is an excerpt:
In a construction law practice, a lawyer will have cases involving both the Bankruptcy Code, 11 U.S.C. 1 et seq. (FAA). This article addresses which of the two federal laws takes precedence when both are applicable to a construction or commercial dispute. Section 2 of the FAA makes agreements to arbitrate “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”
The full article is available here.
Hat tip to our friend Glen Wilkerson.