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Alternative Dispute Resolution

Aug. 4, 2011

The US Supreme Court’s take on arbitration law

A five-member majority, led by Justice Antonin Scalia, is raising concerns even among the most traditional proponents of arbitration. By Thomas J. Stipanowich of Pepperdine University


By Thomas J. Stipanowich


The U.S. Supreme Court has been making new arbitration law at a pace unparalleled since the 1980s. Back then the Court declared that the Federal Arbitration Act (FAA), which extends to any transaction evidencing interstate commerce, pre-empts any state laws that lessen the enforceability of arbitration agreements. Now, a five-member majority led by Justice Antonin Scalia is aggressively building upon that "revealed" federal foun...

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