In March, the highest courts of Montana, Texas, and Wisconsin all held that, when parties have a valid arbitration agreement, the issue of whether an arbitration demand was timely is presumptively for the arbitrator to decide. That principle of law has been established under the FAA at least since the Howsam decision in 2002 (and
Deference to Arbitrators Is All The Rage Among Supreme Courts This Winter
By Liz Kramer on
Posted in Appealing Arbitration Decisions
You may have already heard that SCOTUS affirmed arbitrators’ authority to interpret contractual prerequisites to arbitration last week in BG Group, PLC v. Republic of Argentina. But that is just one of a number of recent decisions from high courts on the deference due arbitrators.
In the BG Group case, the D.C. Circuit had…