Originally from Alternatives to the High Cost of Litigation

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While the U.S. Supreme Court is in an attention-attracting phase right now for its work on vaccine mandates, abortion, and gun rights cases, the Court has established its own parallel, concurrent and potentially expansive gaze at the business community’s use of arbitration.

The alternative dispute resolution process is a frequent subject on the Court’s docket. But with five arbitration cases added in about a month near year-end, joining a case that was argued on Nov. 2, it brings to the 2021-2022 Court term a total of six cases focused on how arbitration works.

This is unprecedented. There is no arbitration caseload close to this in the recent or distant memories of experts aware of the Federal Arbitration Act’s history.