What Is 'Arbitration'? The Supreme Court Refuses To Say

Law360, New York (November 13, 2013, 12:46 PM EST) -- Lately, the U.S. Supreme Court has been infatuated with the Federal Arbitration Act. Despite the court’s famously parsimonious docket management, it has decided nine FAA cases over the past four terms alone.[1] The court has weighed in on a variety of FAA issues, such as preemption of state law disfavoring “arbitration”[2] and the effect of federal statutes purportedly undercutting “arbitration.”[3] And it already has another case on the calendar for this term, concerning whether judges or arbitrators decide certain “arbitration” related disputes.[4]

But the Supreme Court...
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