The Supreme Court’s view of which law applies when parties select the law of a particular state in their arbitration agreement seems to be evolving. This article discusses the High Court’s thinking in the Volt, Mastrobuono and Preston decisions and provides practical guidance for parties who wish to have the Federal Arbitration Act apply to the arbitration and state law apply to the merits of the dispute. The article has been cited by two federal judges in the Eastern District of New York and Central District of California, respectively.

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