law-FAA-preemption-claim | FAA-enforcement-by-mandamus | FAA applicability | TAA vs. FAA which one? |
Grounds for vacating arbitration award under the FAA | confirmation of arb award under the TAA |
[B]y enacting the Federal Act, Congress did not occupy the entire field of arbitration regulation, and the
Federal Act pre-empts state arbitration law only to the extent that the state law actually conflicts with the
Federal Act. See Volt Info. Scis., Inc. v. Bd. of Trs. of Leland Stanford Junior Univ., 489 U.S. 468, 477, 109
S. Ct. 1248, 1255, 103 L. Ed. 2d 488 (1989); In re D. Wilson Constr. Co., 196 S.W.3d 774, 789-90 (Tex.
2006). Therefore, Texas law, including the Texas Arbitration Act, applies to the arbitration, except to the
extent that Texas law actually conflicts with the Federal Act. See In re Akin Gump Strauss Hauer & Feld,
LLP, 252 S.W.3d 480, 489 (Tex. App.-Houston [14th Dist.] 2008, orig. proceeding).