Originally from Alternatives to the High Cost of Litigation

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Federal Arbitration Act cases have become a regular feature of the U.S. Supreme Court’s annual docket. On Jan. 12, 2024, the Court granted certiorari in its third FAA case for this term, Smith v. Spizzirri, No. 22-1218 (docket at https://bit.ly/48wt09w). Just days before this issue was published, the court heard arguments Feb. 28 in Coinbase Inc. v. Suski, No. 23-2 (the Court’s docket is available at https://bit.ly/3StPZwL), and on Feb. 20, Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51 (available at https://bit.ly/3S6ZYId).

The Court’s continued focus on fine-tuning the FAA over the years demonstrates how the Court views arbitration as an integral part of our broader justice system.

Even though arbitration is often viewed as private, arbitration serves a public function and can be viewed in the aggregate as part of our broader legal infrastructure because arbitration alleviates overcrowded judicial dockets and arbitration awards can be easily transformed into court judgments.