Originally from Alternatives to the High Cost of Litigation

PAGE PREVIEW

All five of the arbitration cases accepted by the U.S. Supreme Court in a one-month period at the end of 2021 have been scheduled for argument this month, and are expected to be decided before the Court’s current term ends in June.

The stunning series of ADR cert grants between Nov. 15 and Dec. 15 brought the tally of 2021-2022 Supreme Court term arbitration matters to six from a sole case. The first case, Badgerow v. Walters, No. 20-1143 (Supreme Court docket page available at https://bit.ly/3zfSqps), was argued Nov. 3, and a decision was pending at press time. (Argument highlights available at Russ Bleemer, “Supreme Court Hears Badgerow, and Leans to Allowing Federal Courts to Broadly Decide on Arbitration Awards and Challenges,” CPR Speaks (Nov. 2) (available at https://bit.ly/30tIRI5).)