Another Pro-Arbitration Decision By The Supreme Court
December 7, 2012, 1:30 PM EST
Law360, New York (December 7, 2012, 1:30 PM EST) -- For several years now, some lower federal courts have clearly been uncomfortable with the United States Supreme Court’s decisions strongly favoring arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA), particularly when those decisions have limited procedural opportunities such as class-wide litigation and arbitration or when they have favored arbitrators’ powers in a way that reduces the usual role of courts in shaping the law.
A majority of the current Supreme Court consistently interprets arbitration clauses to favor arbitration in its most traditional form...