Preston v. Ferrer
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In Preston v. Ferrer, 552 U.S. 346, 349-50, 128 S. Ct. 978, 981 (2008), Justice Ruth Bader Ginsburg wrote for the U.S. Supreme Court in upholding the enforceability of an arbitration provision as follows:
- The instant petition presents the following question: Does the FAA override not only state statutes that refer certain state-law controversies initially to a judicial forum, but also state statutes that refer certain disputes initially to an administrative agency? We hold today that, when parties agree to arbitrate all questions arising under a contract, state laws lodging primary jurisdiction in another forum, whether judicial or administrative, are superseded by the FAA.