SCOTUS’s Ill-Advised Recasting of the Federal Policy in Favor of Arbitration

John Fellas

November 8, 2022

In his International Arbitration article, John Fellas argues that “the notion that an arbitration agreement should be treated just like every other contract—the equal footing principle—is an inadequate ideal for arbitration. Some ‘arbitration-preferring procedural rules,’ as Justice Kagan calls them, are essential to the efficacy of arbitration precisely because ‘arbitration contracts’ are not ‘like all others.’”