Alternative Dispute Resolution,
U.S. Supreme Court,
Litigation & Arbitration
Mar. 21, 2012
The US Supreme Court’s love affair with arbitration
U.S. Supreme Court justices remain steadfast to their enforcement of arbitration under the Federal Arbitration Act.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
Distinctions between the judicial philosophy of the U.S. Supreme Court and California courts in resolving arbitration issues continue to emerge irrespective of the underlying civil action. Marmet Health Ctr. v. Brown, 2012 WL 538236 (U.S.). The Supreme Court has unequivocally upheld arbitration of cases within the scope of the Federal Arbitration Act (FAA; 9 U.S.C. Sections 1-16) unless Congress has specifically foreclosed that alternative to litigation, and despite the obvious econ...
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