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Abstract: 

The pro-arbitration policies underlying the FAA conflict with the centralization policies of the Bankruptcy Code, causing these two statutes to pull in opposite directions. After describing this conflict, the authors discuss the interplay between the statutory regimes for “non-core” and “core” bankruptcy matters and how courts have dealt with them. They conclude that the standards and analyses employed by courts are open-ended and highly dependent on the facts of the case. *This article available for download for journal subscribers only; no pay-per-article option is available.

Keywords: Shearson/American Express Inc. v. McMahon; Federal Arbitration Act (FAA); arbitration of “core” and “non-core” matters; In re U.S. Lines, Inc.

Affiliations:  1: Foley & Lardner LLP; 2: Foley & Lardner LLP; 3: Arent Fox LLP.