Despite the complicated federal structure within the United States, the Supreme Court reigns as the highest court in the United States, presiding over a common law jurisdiction where the doctrine of stare decisis holds sway. As the ultimate arbiter for those seeking justice under the Constitution or federal laws, it wields the authority of judicial review, scrutinizing not only the constitutionality of laws and government actions but also defining the parameters of governmental powers.
scotus, as it is popularly known, was first convened in 1790. Since then, it has grappled with a myriad of legal issues, some of which have deeply divided the nation along political lines, notably contentious issues like abortion and gun rights. An area of particular scrutiny by the Supreme Court has been arbitration, evident by its frequent granting of certiorari petitions on arbitration-related matters over the years, showcasing its proactive role in shaping arbitration law in the United States.
The U.S. has a long tradition of arbitration and the arbitration law in the U.S. is among the most developed worldwide. But anyone reading the Federal Arbitration Act, the primary Federal law dealing with arbitration which Congress adopted nearly 100 years ago in 1925, quickly realizes that the statute alone is insufficient to understand arbitration law in the U.S. As such, the Supreme Courtâs rulings on arbitration law, the other key pillar of arbitration, are foundational and touch upon crucial matters such as the allocation of power between the courts and arbitral tribunals to decide so called gateway issues of consent to arbitration, the interplay between the Federal Arbitration Act and state laws, or an arbitratorsâ duty to disclose or even what subject matters can be arbitrated. Collectively, the arbitration precedents explored in this book underscore the Supreme Courtâs unwavering endorsement of arbitration as a preferred method of dispute resolution.
The genesis of this book traces back to 2022, at an international arbitration conference in New York City hosted by the Brazilian-American Chamber of Commerce, in collaboration with Columbia Law School, nyu School of Law, and Arbitration Channel. During this event, a shared sentiment among usâthe four editors of this bookâthat the scotus decisions on arbitration warrant further scholarly analysis, led to its conception. We recognized a notable gap in the editorial marketâa lack of a comprehensive book addressing what we deemed the most relevant scotus cases on arbitration.
Therefore, we embarked on this endeavor with Brill to fill that void. In pursuit of this goal, we have selected a diverse group of leading international
Crafted with the dual purpose of serving as a comprehensive guide and a prospective textbook for law schools, this book seeks to enhance understanding and foster appreciation for U.S. arbitration jurisprudence.
We sincerely hope our readers find value and enjoy reading this book.
Kabir Duggal, Yasmine Lahlou, Carlos Alberto Carmona and Gustavo Favero Vaughn
June 19, 2024
New York/São Paulo